Page:Harris v. State (2018 Ark. 179).pdf/9

 that if the Act was not retroactive, then Harris should be sentenced in accordance with this court's decision in Jackson, which provided a range of ten to forty years' imprisonment or life.

Harris then filed a motion for resentencing under Jackson and Gordon and asserted that the circuit court should grant him a resentencing hearing to present Miller evidence, then resentence him within the discretionary range of ten to forty years or life. He further asserted that applying the current punishment under the FSMA would violate Jackson and Gordon, the purpose of the FSMA, and a host of federal and state constitutional provisions.

The circuit court held a hearing on May 8, 2017. The State argued that, pursuant to the FSMA, Harris should be sentenced to life with the possibility of parole after thirty years. Harris reiterated his argument that he was entitled to resentencing pursuant to this court's decision in Jackson. He maintained that the parole-eligibility provision of the FSMA