Page:Harris v. State (2018 Ark. 179).pdf/14

 necessarily implies that the penalty provisions of the FSMA apply retroactively. Based on the foregoing analysis, we hold that the penalty provisions of the FSMA are not retroactive. Therefore, the revised punishment for juveniles convicted of capital murder applies only to crimes committed on or after March 20, 2017, the effective date of the FSMA.

IV. Conclusion
In sum, the relevant provisions of the FSMA are inapplicable to Harris. This leaves him in the same situation as the defendant in Jackson. Therefore, he is entitled to a hearing to present Miller evidence for consideration and sentencing within the discretionary range for a Class Y felony, which is ten to forty years or life. Having determined that the FSMA does not apply in this case, we need not address Harris's remaining arguments on appeal. See, e.g., Solis v. State, 371 Ark. 590, 269 S.W.3d 352 (2007) (stating that if we can resolve a case without reaching constitutional arguments, it is our duty to do so).

Reversed and remanded.

W, J., concurs.

W, J., dissents without written opinion.

W, J., dissents.  R F. W, Justice, concurring.

I do not agree with the majority's conclusion that the relevant portions of the Fair Sentencing of Minors Act of 2017 (FSMA) are not applicable to Derrick Harris. But because I believe that it would be fundamentally