Landrum v. State
163 So. 3d 1261
Fla. Dist. Ct. App.2015Background
- Landrum was convicted in 2005 of second-degree murder with a weapon (life felony) and tampering with physical evidence, and sentenced to life imprisonment for the murder and five years for tampering.
- She was a juvenile at the time of the offenses, raising Miller v. Alabama concerns about mandatory life without parole for juveniles.
- Her first Rule 3.800(a) motion argued Miller prohibited her life-without-parole sentence; the postconviction court denied it as non-retroactive.
- This court reversed based on Toye v. State, holding Miller retroactive, and remanded for further proceedings.
- On remand, the State moved to strike a resentencing hearing; the postconviction court granted the motion, relying on Starks and Mason.
- After Horsley and Chapter 2014-220, the legislature altered juvenile sentencing procedures and review, prompting questions about applicability to pre-enactment life sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Landrum’s life-without-parole sentence unconstitutional under Miller as retroactively applied? | Landrum argues Miller applies retroactively, requiring individualized sentencing. | State contends Miller does not compel retroactive application and that current statutes do not force resentencing. | No, the court affirms the denial; Landrum’s sentence is not unconstitutional under the cited authorities. |
| Should Chapter 2014-220 and Horsley apply to Landrum’s pre-2014 life sentence? | Landrum seeks application of the new procedures to her case to obtain individualized review. | State argues the new procedures do not govern pre-enactment life sentences here. | The court discusses the anomaly and certifies a question to the Florida Supreme Court; this opinion adopts the existing approach and does not retroactively apply the new procedures to Landrum. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory LWOP for juveniles violates Eighth Amendment; individualized sentencing required)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (death penalty unconstitutional for juveniles)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (LWOP for nonhomicide juveniles unconstitutional)
- Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014) (Miller retroactive in Florida)
- Starks v. State, 128 So. 3d 91 (Fla. 2d DCA 2013) (life sentence for juvenile second-degree murder not unconstitutional when nonmandatory)
- Mason v. State, 134 So. 3d 499 (Fla. 4th DCA 2014) (reliance on Starks; procedural posture in postconviction matters)
- Daugherty v. State, 96 So. 3d 1076 (Fla. 4th DCA 2012) (individualized sentencing considerations for juveniles)