Turner, Litrey Demond

OPINION

Appellant was convicted of capital murder and sentenced to life in prison without the possibility of parole. While appellant’s appeal was pending, the United States Supreme Court decided Miller v. Alabama, — U.S.-, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), in which it held that the Eighth Amendment to the United States Constitution forbids a sentencing scheme for juvenile offenders in which life without parole is mandatory rather than based upon an individualized sentencing assessment.

Citing Miller, appellant argued before the court of appeals that his punishment violated the Eighth…