State v. McClean

The defendant, Michael McClean, appeals from the trial court's judgment of dismissal of his motion to correct an illegal sentence. On appeal, the defendant claims that the court erred by dismissing his motion to correct an illegal sentence after concluding that his sentence did not violate the eighth amendment to the United States constitution, as explicated by Miller v. Alabama, --- U.S. ----, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012). 1 We conclude that the trial court improperly determined that it lacked jurisdiction to consider the defendant's motion, but correctly concluded that the…