STATE v. WILLIAMS (2018)

ON SUPERVISORY WRITS TO THE TWENTY–FIRST JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA

Writ denied.

After defendant is resentenced pursuant to Montgomery v. Louisiana, 577 U.S. ––––, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016) and Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), that judgment is included by statute among those which defendant may appeal. See La.C.Cr.P. art. 912(C)(1); see, e.g., also State ex rel. Braud v. State, 15-0701 (La. 3/2/18), 237 So.3d 504. I additionally concur in the denial of defendant's writ application because the parties agree the question presented is res nova, and I believe the issue merits careful scrutiny, which can be better accomplished with the benefit of a fully developed record on appeal.

WEIMER, J., would grant. GENOVESE, J., would grant.