Burgie v. State (Majority, with Dissenting)Annotate this Case
The Supreme Court dismissed Appellant's appeal from the circuit court's denial of his pro se petition to correct an illegal sentence, which mooted Appellant's motion for an extension of time to file his brief-in-chief, holding that that Appellant's sentence of life imprisonment was illegal.
Appellant was convicted of capital murder and aggravated robbery and was sentenced to life imprisonment. In his petition to correct an illegal sentence Appellant alleged that his mandatory sentence of life imprisonment should be set aside pursuant to Miller v. Alabama, 567 U.S. 460, and Graham v. Florida, 560 U.S. 48 (2010), because he was eighteen when he committed the crimes. The circuit court denied relief. The Supreme Court dismissed the appeal, which rendered Appellant's motion moot, holding that because Appellant was an adult when he committed capital murder, his sentence of life imprisonment was not illegal.