Commonwealth v. Okoro

The defendant, Emmanuel Okoro, appeals from his conviction of murder in the second degree. He was fifteen years old at the time of the offense, January 1, 2008. Pursuant to the sentencing statutes then in effect, the defendant received a mandatory sentence of life imprisonment with eligibility for parole after fifteen years. The defendant argues that in light of the United States Supreme Court’s decision in Miller v. Alabama, 132 S. Ct. 2455, 2460, 2469 (2012), and this court’s decision in Diatchenko v. District Attorney for the Suffolk Dist., 466 Mass. 655, 658 (2013) (Diatchenko I), the…