Opinion
NO. 2015 KW 0112
03-09-2015
STATE OF LOUISIANA v. JAMES ANTHONY HEBERT
In Re: James Anthony Hebert, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, •No. 251,719. BEFORE: GUIDRY, WELCH, AND THERIOT, JJ.
WRIT DENIED. The United States Supreme Court decision in Miller v. Alabama, ___U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively in state postconviction proceedings. State v. Tate, 2012-2763 (La. 11/5/13), 130 So. 3d 829, 844, cert, denied, ___ U.S. ___, 134 S.Ct. 2663, 189 L.Ed.2d 214 (2014). Accordingly, the district court did not err in denying relator's motion to correct an illegal sentence wherein he claimed that his sentence was illegal in light of the United States Supreme Court decision in Miller.
JMG
JEW
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT