State v. PerryAnnotate this Case
After a jury trial, Defendant was convicted of robbery with a dangerous weapon and first-degree murder. The trial judge sentenced Defendant to a term of life imprisonment without parole for his murder conviction. The court of appeals affirmed. Defendant later filed a motion for appropriate relief requesting that his life without parole sentence must be vacated and a constitutionally permissible sentence be imposed upon him instead. In support of his motion, Defendant relied upon Miller v. Alabama. The trial court denied Defendant’s motion on the basis that Miller did not apply retroactively to Defendant’s case. The case was certified for review. The Supreme Court ordered supplemental briefing for the purpose of allowing the parties to address the effect of the decision in Montgomery v. Louisiana. As the State conceded in its supplemental brief, the State’s non-retroactivity argument does not survive Montgomery. Therefore, Defendant was entitled to be resentenced, and the trial court’s order denying Defendant’s motion for appropriate relief is reversed. Remanded.