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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. JACKIE LEE THOMPSON Appellant No. 1974 MDA 2014

Appeal from the PCRA Order October 9, 2014 In the Court of Common Pleas of Tioga County Criminal Division at No(s): CP-59-CR-7-1970

BEFORE: SHOGAN, J., JENKINS, J., and PLATT, J.* JUDGMENT ORDER BY JENKINS, J.: FILED MARCH 09, 2016 Pursuant to our Supreme Court’s recent orders in Commonwealth v. Jones, 947 MAL 2015 (Pa., 2/12/16), and related cases, and this Court’s recent decision in Commonwealth v. Secreti, 578 WDA 2015 (Pa.Super., 2/9/16), the PCRA court’s order is reversed, Appellant Jackie Thompson’s judgment of sentence is VACATED, and this case is remanded for further proceedings.

We explain our decision briefly. On January 25, 2016, the United States Supreme Court held in Montgomery v. Louisiana, ___ U.S. ___, 2016 WL 280758 *12 (filed January 25, 2016, as revised on January 27, 2016), that its decision in Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455 ____________________________________________

* Retired Senior Judge assigned to the Superior Court.

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(2012), applies retroactively. Miller held that it is unconstitutional for state courts to impose an automatic life sentence without possibility of parole upon a homicide defendant for a murder committed while the defendant was a juvenile.

Shortly after Montgomery’s issuance, this Court entered a published opinion in Secreti. There, Secreti was sentenced to automatic life imprisonment without possibility of parole for committing first degree murder as a juvenile. On June 25, 2012, the United States Supreme Court issued its decision in Miller. On August 15, 2012, Secreti filed a timely PCRA petition seeking relief under Miller. On February 9, 2016, following Montgomery, this Court held that (1) Miller applied retroactively to Secreti’s sentence under the PCRA’s retroactivity provision, 42 Pa.C.S. § 9545(b)(1)(iii); (2) Secreti’s sentence was unconstitutional under Miller, and (3) Secreti was entitled to a new sentencing hearing. Moreover, on February 11 and 12, 2016, our Supreme Court granted relief to multiple PCRA petitioners under Miller and Montgomery and remanded their cases for further proceedings. See, e.g., Jones, supra. Secreti squarely applies to this case. In 1970, Thompson was convicted of first degree murder for a murder that he committed as a 15 year old juvenile. He was sentenced to life imprisonment without possibility of parole. On July 20, 2012, he filed a timely PCRA petition seeking relief under Miller. As in Secreti, (1) Miller applies retroactively to Thompson’s

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sentence under 42 Pa.C.S. § 9545(b)(1)(iii); (2) Thompson’s sentence is unconstitutional under Miller, and (3) he is entitled to a new sentencing hearing.

The PCRA court’s order denying relief to Thompson under Miller is reversed; Thompson’s judgment of sentence is vacated; the case is remanded to the court of common pleas for further proceedings consistent with Miller and Montgomery; jurisdiction is relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/9/2016

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