Hixon v. State

Ricky Hixon appeals the order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.850(b)(2) (providing an exception to the two-year-time limit for newly-established constitutional rights that have been held to apply retroactively). We reverse and remand for resentencing.

In his rule 3.850(b)(2) motion, Hixon argued that his life sentence with the possibility of parole after twenty-five years for a first-degree murder committed when he was a juvenile was unconstitutional under the United States Supreme Court’s decision in Miller v. Alabama, 567 U.S. 460, 132 S.Ct.…