¶1| /Writ granted. In light of the Supreme Court’s holding in Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016) that Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) announced a substantive rule of constitutional law that applies retroactively, we vacate relator’s sentence and remand this case to the 23rd Judicial District Court for further proceedings consistent with the views expressed in State v. Montgomery, 13-1163 (La. 6/28/16), 194 So.3d 606, and for resentencing pursuant to La.C.Cr.P. Art. 878.1. We further note that, after defendant is resentenced, that judgment is included by statute among those which defendant may appeal. See La.C.Cr.P. art. 912(C)(1).
211 So. 3d 378
State ex rel. Wise v. State
Decided February 17, 2017
Supreme Court of Louisiana · decided 2017-02-17
Cited by 1 later decisions — most recently January 2018
1 state decisions
Relies on Miller v. Alabama · Miller v. Alabama · Montgomery v. Louisiana
Good law ✅— No negative treatment on recordhow we know
Decided 2017-02-17
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