No. 2013-OK-1324 Precedential Processed

State v. Collins

Louisiana Supreme Court · Filed June 20, 2014 · 141 So. 3d 264

Also decided on this docket: La., October 30, 2015 178 So. 3d 561

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Opinion text

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 03-07-0231, Louis R. Daniel, J.; to the Court of Appeal, First Circuit, No. 2013 KW 0419. L Granted. The court of appeal erred in ordering respondent sentenced under Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and the district court’s order denying respondent’s Motion to Correct an Illegal Sentence is hereby reinstated. See State v. Tate, 12- 2763 (La.11/5/13), 130 So.3d 829 , cert. denied, Tate v. Louisiana, No. 13-8915, — U.S. -, 134 S.Ct. 2663 , 189 L.Ed.2d 214 , 2014 WL 834279 (May 27, 2014). JOHNSON, C.J., dissents and would deny the writ reasons.