Cite as 2015 Ark. 277
include that of his "age, age-related characteristics, and the nature of his crime." Further, we rejected the State’s argument that this court could sentence Jackson to a mandatory sentence of life imprisonment with the possibility of parole, and we instructed that his sentence must fall within the statutory discretionary sentencing range for a Class Y felony of not less than ten years and not more than forty years, or life. Ark. Code Ann. § 5-4-401(a)(1) (Repl. 1997).[1]
In the present case, the State argues in its first point on appeal that the circuit court erred by ruling that Miller is applicable retroactively because (1) it is not retroactive under Teague v. Lane, 489 U.S. 288 (1989); (2) neither Miller nor Jackson v. Norris, 2013 Ark. 175, implies that the Miller rule is retroactive; (3) Roper v. Simmons, 543 U.S. 551 (2005), and Graham v. Florida, 560 U.S. 48 (2010), do not make Miller retroactive; and (4) there is no basis in state law to hold Miller retroactive. For its second point on appeal, the State contends that the circuit court's ruling regarding equal protection and due process was erroneous.
- ↑ While we are not asked to decide the appropriate sentencing range in this case, we note that the General Assembly has amended the Criminal Code regarding the permissible sentences for those under the age of eighteen who commit capital murder. 2013 Arkansas Laws Act 1490. The intent of the General Assembly was expressly stated as follows:
Act of Apr. 22, 2013, No. 1490, § 1, 2013 Ark. Acts 6587, 6588.(a) It is the intent of the General Assembly to revise the punishments authorized for persons who are not yet eighteen (18) years of age when they commit capital murder after the effective date of this act.
(b) It is not the intent of the General Assembly to authorize the revised punishments for those persons who committed capital murder when they were not yet eighteen (18) years of age prior to the effective date of this act.
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