Burney v. State

Randall T. Burney appeals the order summarily denying his motion to vacate his sentence filed under Florida Rule of Criminal Procedure 3.850(b)(2), which provides an exception to the two-year time limit for newly-established constitutional rights that have been held to apply retroactively. In his motion, Mr. Burney argued that his life sentence with the possibility of parole for a burglary committed when he was a juvenile was unconstitutional under the United States Supreme Court’s decision in Graham v. Florida, 560 U.S. 48, 130 S.Ct 2011, 176 L.Ed.2d 825 (2010), and the Florida cases…