Harvey (Frederick) v. State

the-possibility-of-parole sentence. Instead, the sentencing body must have discretion. Id. at , 132 S. Ct. at 2475. Appellant filed his petition nearly fourteen months after Miller was decided on June 25, 2012, and appellant failed to demonstrate good cause for the entire length of the delay. We also note that Miller does not apply to appellant's case. The jury had discretion to sentence appellant to death, life without the possibility of parole, and life with the possibility of parole after ten years. 1977 Nev. Stat., ch. 585, § 1, at 1542. The fact that this court changed his sentence on direct appeal per 1977 Nev. Stat., ch. 585, § 10, at 1545, does not implicate Miller. Therefore, we

ORDER the judgment of the district court AFFIRMED.

Pitt Pickering

4421 =Strir."7 J. Parrguirpr-

Saitta cc: Hon. Michelle Leavitt, District Judge

Frederick Harvey

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A ep