Supreme Court of Arkansas
Derrick Lynell Harris v. State of Arkansas
May 24, 2018547 S.W.3d 64
Summary
The court held that the Fair Sentencing of Minors Act did not apply to Harris because its retroactive parole-eligibility provision covered only juveniles serving a sentence, while Harris's sentence had already been vacated, and the Act's penalty provisions were not retroactive. Harris was therefore entitled to a Miller resentencing hearing and sentencing within the discretionary Class Y felony range of ten to forty years or life. Justice Wynne, concurring, agreed with the disposition on fundamental-fairness grounds but believed the FSMA applied, while Justice Womack, dissenting, would have applied the FSMA and imposed life with parole eligibility after thirty years.