Opinion
NO. 2016 KW 0824
12-14-2016
STATE OF LOUISIANA v. LEE ROY JENKINS
In Re: Lee Roy Jenkins, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 71-CR-10742. BEFORE: WHIPPLE, C.J., GUIDRY AND McDONALD, JJ.
WRIT DENIED. The December 16, 2013 hearing was conducted in compliance with La. Code Crim. P. art. 878.1, which codified the holding in Miller v. Alabama, 567 U.S. ___, 132 S. Ct. 2455, 183 L.Ed.2d 407 (2012). Therefore, the district court did not err by denying the second motion to correct an illegal sentence. Giving Miller retroactive effect does not require states to relitigate sentences, let alone convictions, in every case where a juvenile offender received mandatory life without parole. A state may remedy a Miller violation by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them. See Montgomery v. Louisiana, 577 U.S. ___, 136 S.Ct. 718, 736, 193 L.Ed.2d 599 (2016). Accordingly, relator's original March 1, 1972 sentence stands. See State v. Jenkins, 2014-0430 (La. App. 1st Cir. 1/23/15), 169 So.3d 446.
VGW
JMM
Guidry, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT