Writ granted. In light of the Supreme Court's holding in Montgomery v. Louisiana , 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016) that Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) announced a substantive rule of constitutional law that applies retroactively, we vacate relator's sentence and remand this case to the Orleans Parish Criminal District Court for further *505proceedings consistent with the views expressed in State v. Montgomery , 13-1163 (La. 6/28/16), 194 So.3d 606, and for resentencing pursuant to La.C.Cr.P. Art. 878.1. We further note that, after defendant is resentenced, that judgment is included by statute among those which defendant may appeal. See La.C.Cr.P. art. 912(C)(1).
State ex rel. Braud v. State, 237 So. 3d 504 (2018)
March 2, 2018
·
Louisiana Supreme Court
·
No. 2015–KH–0701
237 So. 3d 504
STATE EX REL. Clifford BRAUD
v.
STATE of Louisiana
No. 2015-KH-0701
Supreme Court of Louisiana.
March 2, 2018
ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS