J-S78021-14

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. ALEC DEVON KREIDER Appellant No. 1270 MDA 2014

Appeal from the PCRA Order July 11, 2014 In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0003446-2007 BEFORE: GANTMAN, P.J., JENKINS, J., and MUSMANNO, J.

JUDGMENT ORDER BY JENKINS, J.: FILED APRIL 20, 2016 In this appeal under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541–46, Alec Kreider argues that Miller v. Alabama, -- U.S. --, 132 S.Ct. 2455 (2012) (mandatory life-without-parole sentences for juveniles violate the Eighth Amendment), applies retroactively to his mandatory life sentence for first degree murder. In accordance with our Supreme Court’s directive, we remand this case to the court of common pleas for further proceedings.

A brief procedural history will suffice. On June 25, 2012, the United States Supreme Court held in Miller that “mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on cruel and unusual punishments." Id., 132 S.Ct. at 2460. On August 1, 2012, Kreider filed a PCRA petition (his fourth) in

J-S78021-14

which he requested relief based on Miller. On July 11, 2014, the PCRA court denied Kreider’s petition. On December 18, 2014, we affirmed on the ground that Miller does not apply retroactively to Kreider’s case.

On January 25, 2016, however, the United States Supreme Court held in Montgomery v. Louisiana, -- U.S. --, 136 S. Ct. 718 (2016), that Miller applies retroactively. On February 24, 2016, our Supreme Court remanded the present appeal for further proceedings consistent with Montgomery.

See Commonwealth v. Kreider, No. 39 MAL 2015 (Pa., 2/24/16).

In accordance with our Supreme Court’s order, we remand to the PCRA court for further proceedings consistent with Montgomery.

Case remanded with instructions. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 4/20/2016

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