State v. Williams

108 So. 3d 255, 2012 La.App. 4 Cir. 1604, 2013 WL 84902, 2013 La. App. LEXIS 1

• Court: Louisiana Court of Appeal
• Decided: January 7, 2013
• Docket: No. 2012-K-1604
• Status: Published

Opinion

MAX N. TOBIAS, JR., Judge.

|/We find no error in the trial court’s ruling on Reginald Williams’ “Motion to Correct Illegal Sentence,” inter alia, because the relator, State of Louisiana, acknowledges that under Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d (2012), the automatic imposition of life imprisonment without benefit of parole for a murder conviction of a defendant who was a juvenile at the time of the offense violates the U.S. Constitution’s Eighth Amendment’s prohibition of cruel and unusual punishment.¹ Miller is retroactive to cases that were final in Louisiana at the time the decision in Miller was rendered by application of the per curiam in State v. Simmons, 11-1810 (La.10/12/12), 99 So.3d 28.

SUPERVISORY WRIT DENIED.

1 . In the limited record before us, we note the absence of any indication that the trial court has entered an order to determine counsel for Mr. Williams for the hearing, a requirement, in our view, under Miller.