State v. Healer
State v. Healer
Opinion of the Court
¶1 Joey Lee Healer appeals the sentences resulting from his convictions for first-degree murder, first-degree burglary, armed robbery, theft by control, resisting arrest, and two counts of criminal damage. He argues: (1) life with the possibility of parole after twenty-five years for juveniles convicted of first-degree murder constitutes an illegal sentence; (2) article II, § 15 of the Arizona Constitution should be read more broadly than the Eighth Amendment to the United States Constitution in the context of juvenile sentencing; and (3) the trial court erred when it stated it had no discretion to order that his sentence for first-degree murder run concurrently with the sentences for the other offenses. Pursuant to Rule 32, Ariz. R. Crim. P., Healer also seeks review of the trial court's order denying in part his petition for post-conviction relief, arguing the court abused its discretion by declining to resentence him as to all counts other than first-degree murder. We have consolidated Healer's appeal with his petition for review. For the reasons that follow, we affirm Healer's sentences, and grant review of his petition but deny relief thereon.
Factual and Procedural Background
¶2 In 1994, at the age of sixteen, Healer robbed and murdered his elderly neighbor, stealing $200 and the victim's truck. The jury found him guilty of first-degree murder, first-degree burglary, armed robbery, theft by control, resisting arrest, and two counts of criminal damage. The trial court sentenced him to life imprisonment without the possibility of release for first-degree murder, and additional concurrent and consecutive prison terms totaling 13.5 years to run consecutively to his life sentence. We affirmed his convictions *407and sentences on appeal. State v. Healer , No. 2 CA-CR 1995-0683 (Ariz. App. Dec. 24, 1996) (mem. decision).
¶3 In 2013, Healer sought post-conviction relief, claiming that the decision in Miller v. Alabama ,
¶4 On remand, the state stipulated that Healer should be resentenced on his first-degree murder conviction. The trial court resentenced Healer to life imprisonment with the possibility of parole after twenty-five years. The court concluded it did not have authority to revisit the sentences on the remaining counts and affirmed the prison terms previously imposed for the other offenses. This appeal and petition for review followed. We have jurisdiction pursuant to article VI, § 9 of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(1), 13-4031, and 13-4033(A).
Discussion
Ex Post Facto Claim
¶5 Healer argues life with the possibility of parole after twenty-five years for juveniles convicted of first-degree murder constitutes an illegal sentence because "no lawful sentence for juveniles convicted of first-degree murder existed" when Healer committed his offenses. Specifically, he asserts A.R.S. § 13-716 is an ex post facto law in violation of article I, § 10, clause 1 of the United States Constitution and article II, § 25 of the Arizona Constitution. We review questions of statutory and constitutional interpretation de novo. See State v. Moody ,
¶6 Because the Arizona and federal prohibitions against ex post facto laws are materially the same, "we generally interpret them as having the same scope, and we typically follow federal precedent in the area." State v. Henry ,
¶7 In 1994, when Healer murdered his neighbor, the only possible sentences for first-degree murder were death, natural life, or life with the possibility of release through *408pardon or commutation after twenty-five years. See 1993 Ariz. Sess. Laws, ch. 153, § 1; 1993 Ariz. Sess. Laws, ch. 255, § 86 (legislature eliminated parole and replaced with system of earned release credits effective January 1, 1994); see also State v. Vera ,
¶8 In 2014, the Arizona Legislature enacted A.R.S. § 13-716, which provides:
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.
In Vera , we concluded that § 13-716"is a remedial statute that affects future events," and not a retroactive substantive law because it did not take away a vested right, but rather provided an additional right.
¶9 Healer argues Vera "was wrongly decided and should be reconsidered." We decline to do so. See State v. Dungan ,
Cruel and Unusual Punishment
¶10 Healer also argues article II, § 15 of the Arizona Constitution should be read more broadly than the Eighth Amendment in the context of juvenile sentencing.
¶11 A state "may grant its citizens broader protection than the Federal Constitution requires by enacting appropriate legislation or by judicial interpretation of its own Constitution." Danforth v. Minnesota ,
¶12 In State v. Davis ,
Resentencing
¶13 Finally, Healer argues the trial court erred "when it stated it had no discretion to run the sentence for count one concurrently to the sentences for the other counts." Similarly, in his petition for review, he argues the court erred in refusing to resentence him on counts two through eight.
¶14 In his appeal, Healer asserts the trial court's decision not to accept the parties' agreement of law concerning the court's sentencing discretion constituted legal error. Specifically, before resentencing, Healer argued that State v. Lambright ,
I understand what you are talking about [with] Lambright . The only thing that brings us back in Mr. Healer's case is Miller and Montgomery . I don't know what brought you back in Lambright or whatever it was, but I am willing to bet a hundred bucks that it wasn't Miller or Montgomery . It was something different. It was a finding by the higher court that something went wrong down at our level. Now, here we don't have any such finding *410.... So I mean, maybe I'm just interpreting it in a way that neither one of you agree on. But the only reason I think I have any authority in this case is Miller and Montgomery and that is it.... That's why I think I don't have any authority to touch those others.
¶15 As noted, the trial court vacated Healer's natural life sentence and imposed a sentence of life imprisonment with the possibility of parole after twenty-five years, and reaffirmed the sentences on the remaining counts. The court clarified that: (1) based on its interpretation of Miller and Montgomery , it did not have authority to change anything except Healer's first-degree murder sentence; (2) it did not consider any information after Healer's original sentencing in 1995; (3) the other counts are to run consecutively to the new first-degree murder sentence; and (4) it reaffirmed the concurrent and consecutive prison terms on the other counts because that is what the original sentencing judge did in 1995.
¶16 We disagree that Lambright controlled the issue of whether the trial court had the discretion to make an independent determination whether to run the other sentences concurrently with or consecutively to Healer's first-degree murder sentence. In Lambright , the adult defendant was sentenced to death for first-degree murder and consecutive prison terms totaling forty-two years on additional counts.
¶17 In his appeal and petition for review, Healer argues "it is well established that when an appellate court sets aside one conviction or one sentence, this action may impact other sentences imposed at the same time." The Arizona cases Healer cites for this proposition are also inapposite. See State v. Lehr ,
¶18 Further, Healer was resentenced on the first-degree murder conviction as a result of the decisions in Miller and Montgomery . Those cases only discuss mandatory life-without-parole sentences for juveniles; they do not address the consecutive or concurrent nature of the life sentence or any other additional sentences. See generally Montgomery , --- U.S. ----,
¶19 Our supreme court's limited remand to determine if Healer was entitled to resentencing did not direct the trial court to look at any sentence other than his natural life sentence. See id. ¶ 18 (only if Healer can show his crime reflected transient immaturity "will [he] establish that [his] natural life sentence[ ] [is] unconstitutional, thus entitling [him] to resentencing"). Thus, the trial court correctly concluded it did not have authority under Miller and Montgomery to change the consecutive nature of Healer's sentences. See State v. Hartford ,
Disposition
¶20 For the foregoing reasons, we affirm Healer's sentences, and grant review of his petition but deny relief.
Healer asserts we "should take notice" of a federal district court's subsequent grant of Vera's petition for habeas corpus. The United States Court of Appeals for the Ninth Circuit granted review and heard oral argument in the case in May 2018. It has yet to issue an opinion. Further, "Ninth Circuit interpretations of Arizona law do not bind Arizona courts." State v. Hummer ,
As noted, in Vera , we concluded § 13-716"affords an additional opportunity for release for juveniles sentenced to life imprisonment."
The state argues Healer has waived this argument because it is a "grossly untimely state-law-based claim" and "is non-cognizable in the present, limited action." However, in our discretion we decline to find waiver. See Vera ,
Healer argues "this court erred in concluding it was barred from reaching the state constitutional question" in cases since Davis because we failed "to acknowledge the phrase 'in this case' that Davis explicitly used." However, we have acknowledged the phrase, and have found that Davis was not a case-specific decision. See State v. Florez ,
The state filed an answering brief concerning Healer's issues on appeal, but not for his petition for review. Healer argues we should find the state "confessed error as to the issue in the petition for review." Generally, failure to file an answering brief constitutes confession of error. See Gibbons v. Indus. Comm'n ,
On appeal, it appears the state's position is that Lambright actually held that "a trial court on remand can impose a lengthier total sentence than originally imposed if the defendant successfully obtains a reduction in the total sentence on appeal." Therefore, the state now asserts "the trial court correctly found that no affirmative Arizona authority exists that would allow it to reduce the length of the unchallenged sentences," and neither Miller nor Montgomery require such an action.
Healer asserts that the court's failure to specify meant it was "concurrent by operation of then-existing law." However, as noted, we rejected this argument. See Lambright ,
Reference
- Full Case Name
- The STATE of Arizona, Appellee/Respondent v. Joey Lee HEALER, Appellant/Petitioner.
- Cited By
- 1 case
- Status
- Published