State v. Stewart
State v. Stewart
Opinion of the Court
MEMORANDUM DECISION
¶ 1 Petitioner Jumar Stewart seeks review of the trial court’s order denying him post-conviction relief, pursuant to Rule 32, Ariz.
¶ 2 After a jury trial, Stewart was convicted of first-degree murder and aggravated assault, committed when he was sixteen-years old. The trial court sentenced him to a life term without the possibility of release for twenty-five years for murder, to be followed by a twelve-year prison term for aggravated assault. Stewart sought post-conviction relief, and appointed counsel filed a notice stating she had reviewed the record but found no claims to raise in a Rule 32 proceeding. That proceeding was dismissed after Stewart failed to file a pro se petition.
¶3 In September 2013, Stewart filed a notice of post-conviction relief in which he alleged the Supreme Court’s decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), was a significant change in the law that entitled him to relief from his natural-life sentence.
¶ 4 After the parties filed the ordered briefs but before the trial court held oral argument on these issues, our legislature passed H.B. 2593, which enacted A.R.S. § 13-716 and amended A.R.S. § 41-1604.09(1), establishing parole eligibility for juveniles sentenced to life imprisonment. See 2014 Ariz. Sess. Laws, ch. 156, §§ 2, 3. After oral argument, the court denied relief “with the condition that upon ... § 13-716
¶ 5 On review, Stewart contends the trial court abused its discretion in denying his “request for a new sentencing, at which time [he] would have been able to raise substantive arguments regarding HB 2593.” According to Stewart, had the court granted his request, he would have argued the statute was not intended to apply retroactively, that its retroactive application would violate separation of powers and ex post facto principles, and that Miller requires a new sentencing proceeding.
¶ 6 We review a denial of post-conviction relief for an abuse of discretion. State v. Bennett, 213 Ariz. 562, ¶ 17, 146 P.3d 63, 67 (2006). Stewart has not identified any such abuse here. As the state suggests in its response, these same arguments, including the argument that resentencing is required, were considered and rejected in State v. Vera, 235 Ariz. 571, ¶¶ 21-22, 26 & nn. 6-7, 334 P.3d 754, 759-61 & nn. 6-7 (App. 2014),
¶ 7 Although we grant review, we deny relief.
. In Miller, the Supreme Court held that Alabama and Arkansas statutes violated the Eighth Amendment by mandating sentences of life imprisonment without parole for juvenile homicide offenders. — U.S.-, 132 S.Ct. at 2475.
. Effective July 24, 2014, § 13-716 provides as follows:
Notwithstanding any other law, a person who is sentenced to life imprisonment with the possibility of release after serving a minimum number of calendar years for an offense that was committed before the person attained eighteen years of age is eligible for parole on completion of service of the minimum sentence, regardless of whether the offense was committed on or after January 1, 1994. If granted parole, the person shall remain on parole for the remainder of the person's life except that the person’s parole may be revoked pursuant to § 31-415.
. The Supreme Court has since clarified that, as the trial court concluded, Miller "announced a substantive rule of constitutional law” to be applied retroactively to all cases. Montgomery v. Louisiana, — U.S. -, 136 S.Ct. 718, 734, 193 L.Ed.2d 599 (2016); see also State v. Valencia, 239 Ariz. 255, ¶ 17, 370 P.3d 124 (App. 2016) (concluding Montgomery “constitutes a significant change in Arizona law that is retroactively applicable”).
. The state does not dispute that Stewart raised his request to address such issues during oral argument in the trial court.
. Nor are we persuaded that the decision by another department of this court in State v. Randles, 235 Ariz. 547, 334 P.3d 730 (App. 2014), provides Stewart with a basis for relief. In Ran-dles, the court referred to § 13-716 as "applfying] retroactively.” 235 Ariz. 547, ¶ 10, 334 P.3d at 733. To the extent that statement conflicts with our holding in Vera, vie conclude that Vera properly characterizes § 13-716 as a remedial statute that affects future events and is not a retroactive statute. 235 Ariz. 571, ¶ 21, 334 P.3d at 759. And, in any event, whether the statute is classified as retroactive or remedial does not change whether Stewart is entitled to be resentenced.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.