Opinion
NO. WR-83,673-01
01-13-2016
EX PARTE JULIS EDWARD PERALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-396-009930-1005465-A IN THE 396TH DISTRICT COURT FROM TARRANT COUNTY
Per curiam. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life' imprisonment without possibility of parole. The Second Court of Appeals affirmed his conviction. Perales v. State, No. 02-07-00268-CR (Tex. App. — Fort Worth, October 9, 2008 (not designated for publication).
Applicant contends, among other things, that his sentence of life without possibility of parole violates the Eighth Amendment prohibition on cruel and unusual punishment, because Applicant was seventeen years old when he committed the offense. See Miller v. Alabama, 132 S. Ct. 2455, 2469, 183 L. Ed. 2d 407 (2012); Ex parte Maxwell, 424 S.W.3d 66 (Tex. Crim. App. 2014).
This Court has reviewed Applicant's other claims and finds them to be without merit. Those claims are therefore denied. --------
The trial court has determined that Applicant's sentence of life without possibility of parole for an offense committed when he was seventeen years old does violate the Eighth Amendment prohibition on cruel and unusual punishment. Relief is granted. The sentence in Cause No. C-396-009930-1005465-A in the 396th District Court of Tarrant County is set aside, and Applicant is remanded to the custody of the Sheriff of Tarrant County for a new punishment hearing at which the fact finder shall determine whether Applicant's life sentence shall be with or without the possibility of parole. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: January 13, 2016
Do not publish