J-S21038-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
DAVID MOUA,
Appellant No. 2844 EDA 2014
Appeal from the PCRA Order September 5, 2014
in the Court of Common Pleas of Delaware County
Criminal Division at No.: CP-23-CR-0000565-2000
BEFORE: BOWES, J., JENKINS, J., and PLATT, J.*
JUDGMENT ORDER BY PLATT, J.: FILED APRIL 19, 2016
Appellant, David Moua, appeals pro se from the denial of his petition
under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541–9546.
He argues that Miller v. Alabama1 should apply retroactively to his
mandatory life sentence for murder of the first degree. We previously
affirmed. However, our Supreme Court has remanded this appeal for
reconsideration in light of the United States Supreme Court’s decision in
Montgomery v. Louisiana, 136 S. Ct. 718 (2016), as revised (Jan. 27,
2016) (holding that Miller must be applied retroactively). (See
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
1
See Miller v. Alabama, and Jackson v. Hobbs, 132 S. Ct. 2455 (2012).
The Miller Court concluded that mandatory life-without-parole sentences for
juveniles violate the Eighth Amendment. See id. at 2464.
J-S21038-15
Commonwealth v. Moua, No. 339 MAL 2015, 2016 WL 634045, at *1 (Pa.
filed Feb. 17, 2016).
Accordingly, we remand to the PCRA court for further proceedings
consistent with Montgomery, as ordered by our Supreme Court
Case remanded with instructions. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/19/2016
-2-
Com. v. Moua, D.
Combined Opinion