Page:Kelley v. Gordon.pdf/5

 include that of his "age, age-related characteristics, and the nature of his crime." Further, we rejected the State’s argument that this court could sentence Jackson to a mandatory sentence of life imprisonment with the possibility of parole, and we instructed that his sentence must fall within the statutory discretionary sentencing range for a Class Y felony of not less than ten years and not more than forty years, or life. Ark. Code Ann. § 5-4-401(a)(1) (Repl. 1997).

In the present case, the State argues in its first point on appeal that the circuit court erred by ruling that Miller is applicable retroactively because (1) it is not retroactive under Teague v. Lane, 489 U.S. 288 (1989); (2) neither Miller nor Jackson v. Norris, 2013 Ark. 175, implies that the Miller rule is retroactive; (3) Roper v. Simmons, 543 U.S. 551 (2005), and Graham v. Florida, 560 U.S. 48 (2010), do not make Miller retroactive; and (4) there is no basis in state law to hold Miller retroactive. For its second point on appeal, the State contends that the circuit court's ruling regarding equal protection and due process was erroneous.