are not illegal. After a jury trial, Starks was convicted on November 8, 2002, of the lesser-included offense of second-degree murder with a firearm of James Kehoe in violation of section 782.04(2), Florida Statutes (2000), and the charged offense of armed burglary with assault or battery of Kehoe in violation of section 810.02(2)(b), Florida Statutes (2000). The offenses were committed on December 27, 2000, when Starks was seventeen years of age. After ordering a presentence investigation report (PSI), the trial court sentenced Starks to life imprisonment on both counts. In his motion to correct illegal sentence, Starks argued that because he was seventeen at the time of the offenses, his sentence of life for the second-degree murder is illegal under Miller, 132 S.Ct. at 2475 (<HOLDING>), and his sentence of life for the burglary was
holding that the eighth amendment forbids life without the possibility of parole for a juvenile who commits a nonhomicide offense holding that sentences imposing mandatory life imprisonment without the possibility of parole on individuals who committed their crimes when under the age of 18 violates the eighth amendment to the united states constitution holding that the eighth amendment prohibits mandatory life without the possibility of parole for a juvenile who commits homicide a judge or jury must have the opportunity to consider mitigating circumstances before imposing the harshest possible penalty for juveniles holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment holding life in prison without the possibility of parole was not cruel and unusual punishment for juvenile convicted of murder