Supreme Court of Louisiana, 2017

State ex rel. Wise v. State

State ex rel. Wise v. State
Supreme Court of Louisiana · Decided February 17, 2017
211 So. 3d 378; 2017 WL 655915; 2017 La. LEXIS 303 (Southern Reporter, Third Series)
State ex rel. Wise v. State

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Opinion of the Court

PER CURIAM:

| /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).

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