from the Judgment of Sentence December 9, 2016 in the Court
of Common Pleas of Crawford County Criminal Division at
BENDER, P.J.E., BOWES, and STRASSBURGER, [*] JJ.
Lynn Battles (Appellant) appeals from the judgment of
sentence of 35 years to life imprisonment following a
resentencing hearing in accordance with Miller v.
Alabama, 132 S.Ct. 2455 (2012),  and Montgomery v.
Louisiana, 136 S.Ct. 718 (2016). We affirm.
panel of this Court summarized the relevant factual and
procedural history of this matter as follows.
Pursuant to a plea bargain [Appellant] pled guilty generally
to criminal homicide in connection with the shooting death of
his uncle, Jerome Nagorski, which occurred in 1977 [when
Appellant was sixteen]. A three-judge panel determined the
degree of guilt to be murder in the first degree.
Post-verdict motions were denied, [a sentence of life
imprisonment was imposed in February 1978], and [Appellant]
appealed the finding of the panel to the [this Court. This
Court] affirmed the [trial] court's judgment of sentence,
 417 A.2d 779 ([Pa. Super.] 1979). [Appellant] then filed a
petition to withdraw his guilty plea nunc pro tunc
with the [trial court. Appellant's] petition was denied,
[and he appealed, alleging ineffective assistance of counsel
and a defective guilty plea].
Commonwealth v. Battles, 496 A.2d 849 (Pa. Super.
1985) (unpublished memorandum at 1). This Court affirmed the
order denying Appellant's petition on May 17, 1985.
Id. This case saw no further proceedings until 2012
when Appellant untimely filed a pro se PCRA
petition, averring he was entitled to a resentencing hearing
based upon the United States Supreme Court decision in
Miller. The PCRA court ultimately denied the
petition and this Court affirmed, based upon our Supreme
Court's ruling in Cunningham, that
Miller did not apply retroactively to those seeking
relief on collateral review. Commonwealth v.
Battles, 105 A.3d 41 (Pa. 2014).
February 22, 2016, following the United States Supreme
Court's decision in Montgomery, Appellant,
through counsel, filed a PCRA petition contending that
Appellant's sentence should be vacated and he was
entitled to a resentencing hearing in accordance with the
cases cited supra. The PCRA court agreed.
December 9, 2016, Appellant was resentenced to 35 years to
life imprisonment with 39 years and 16 days credit.
Appellant's post-sentence motion to modify his sentence
was denied, and this appeal followed.
presents two issues for our review, both of which center on
his allegations that his sentence to a maximum term of life
imprisonment is illegal under Miller and
Commonwealth v. Batts (Batts I), 66 A.3d
286 (Pa. 2013). Appellant's Brief at 10. Specifically,
Appellant avers the "sentencing court erred as a matter
of law when it imposed a maximum incarceration sentence of
life imprisonment[, ]" or in the alternative, the
sentencing court abused its discretion when sentencing him to
a maximum life term for a murder committed when he was a
juvenile. Id. We address these issues sequentially.
With respect to the former claim, we bear in mind the
It is  well-established that [i]f no statutory
authorization exists for a particular sentence, that sentence
is illegal and subject to correction. An illegal sentence
must be vacated. Issues relating to the legality of a
sentence are questions of law[.] ... Our standard of review
over such questions is de novo and our scope of
review is plenary.
Commonwealth v. Cardwell, 105 A.3d 748, 750 (Pa.
Super. 2014) (citations and quotations omitted).
contends that the sentencing court's imposition of a
maximum term of incarceration of life is unconstitutional,
and in contravention of well-established case law.
Appellant's Brief at 17-18. Specifically, Appellant cites
Batts I, in which our Supreme Court recognized
"that Miller's rationale-emphasizing
characteristics attending youth- militates in favor of
individualized sentencing for those under the ...