Segerstrom v. State

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The Supreme Court reversed Appellant’s sentence of life imprisonment with the possibility of parole imposed in connection with his conviction for one count of capital murder, holding that the circuit court erred in applying the Fair Sentencing of Minors Act of 2017 (FSMA), 2017 Ark Acts 2615, to Appellant’s case. Appellant was fifteen years old at the time of the offense. Appellant was originally sentenced to life without the possibility of parole, but following Miller, the circuit court granted Appellant’s petition for writ of habeas corpus, vacated his sentencing order and remanded the case for resentencing. The circuit court sentenced Appellant to life imprisonment with the possibility of parole after thirty years based on the FSMA, holding that the FSMA applied retroactively. The Supreme Court reversed, holding (1) the circuit court erred when it retroactively applied the penalty and parole provisions of the FSMA when resentencing Appellant; and (2) Appellant was entitled to a hearing to present evidence pursuant to Miller v. Alabama, 567 U.S. 460 (2012), for consideration and sentencing within the discretionary range for a Class Y felony. View "Segerstrom v. State" on Justia Law