Opinion
J-S21038-15 No. 2844 EDA 2014
04-19-2016
COMMONWEALTH OF PENNSYLVANIA, Appellee v. DAVID MOUA, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the PCRA Order September 5, 2014 in the Court of Common Pleas of Delaware County
Criminal Division at No.: CP-23-CR-0000565-2000 BEFORE: BOWES, J., JENKINS, J., and PLATT, J. JUDGMENT ORDER BY PLATT, J.:
Retired Senior Judge assigned to the Superior Court.
Appellant, David Moua, appeals pro se from the denial of his petition under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. He argues that Miller v. Alabama should apply retroactively to his mandatory life sentence for murder of the first degree. We previously affirmed. However, our Supreme Court has remanded this appeal for reconsideration in light of the United States Supreme Court's decision in Montgomery v. Louisiana , 136 S. Ct. 718 (2016), as revised (Jan. 27, 2016) (holding that Miller must be applied retroactively). ( See Commonwealth v. Moua , No. 339 MAL 2015, 2016 WL 634045, at *1 (Pa. filed Feb. 17, 2016).
See Miller v. Alabama , and Jackson v. Hobbs , 132 S. Ct. 2455 (2012). The Miller Court concluded that mandatory life-without-parole sentences for juveniles violate the Eighth Amendment. See id. at 2464.
Accordingly, we remand to the PCRA court for further proceedings consistent with Montgomery , as ordered by our Supreme Court
Case remanded with instructions. Jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 4/19/2016