Page:Harris v. State (2018 Ark. 179).pdf/1

 Cite as 2018 Ark. 179

CR-17-533 DERRICK LYNELL HARRISAPPELLANT

V.

STATE OF ARKANSASAPPELLEE May 24, 2018

APPEAL FROM THE DREW COUNTY CIRCUIT COURT, [NO. 22CR-96-34-1B]

HONORABLE SAM POPE, JUDGE

REVERSED AND REMANDED. 

Appellant Derrick Lynell Harris appeals from the Drew County Circuit Court's order denying him a resentencing hearing and imposing a sentence of life with parole eligibility pursuant to the Fair Sentencing of Minors Act of 2017 (FSMA). We reverse and remand.

In 1996, Harris was found guilty by a Drew County jury of capital murder. The capital-murder statute in effect at the time of Harris's offense provided for a sentence of either death or life imprisonment without parole. See Ark. Code Ann. § 5-10-101(c) (Supp. 1995). Because Harris was fifteen years old when he committed the crime, he was