from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 161, 650 Honorable Brady
IBRAHIM & ASSOCIATES, LLC Mummi S. Ibrahim for Appellant
E. STEWART, SR. District Attorney for Appellee
W. FULCO ERICA N. JEFFERSON Assistant District Attorneys
BROWN, WILLIAMS, and MOORE, JJ.
Thompson Jr. appeals a judgment that resentenced him to life
imprisonment at hard labor, with the benefit of parole
eligibility, for a homicide committed in 1992, when he was 17
years old. We affirm.
AND PROCEDURAL BACKGROUND
afternoon of September 20, 1992, Steven Potter was emptying
trash into a Dumpster on Norris Ferry Road, in Caddo Parish.
Someone came up behind him, shot him in the back of the head
with a .38 caliber revolver, dragged his body to a nearby
road, and drove off in his car. The next day, police spotted
Thompson riding around in Potter's car. They stopped and
questioned him, and, based on information he provided,
arrested him and two accomplices for the first degree murder
of Potter. At the time of the crime, Thompson was 17 years
state indicted Thompson for first degree murder. He initially
pled not guilty, but when the state filed notice of intent to
seek the death penalty, he entered a best-interest plea of
guilty without capital punishment, pursuant to North
Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160 (1970). In
September 1993, the district court sentenced him to the
mandatory life imprisonment at hard labor without benefit of
parole, probation or suspension of sentence. Thompson did not
20 years later, the United States Supreme Court held that the
Eighth Amendment forbids a sentencing scheme that mandates
life in prison without the possibility of parole for juvenile
homicide offenders. Miller v. Alabama, 567 U.S. 460,
132 S.Ct. 2455 (2012). Thompson filed a motion to correct an
illegal sentence, pursuant to Miller, in October
years later, the United States Supreme Court held that
Miller applied retroactively. Montgomery v.
Louisiana, 577 U.S., 136 S.Ct. 718 (2016). Thompson
filed an amended motion to correct an illegal sentence,
pursuant to Montgomery, in April 2016.
proceeded to a hearing on his motions on September 26, 2016.
The state did not express intent to make a showing, pursuant
to La.C.Cr.P. art. 878.1 B, that Thompson was a rare juvenile
offender whose crime reflects irrevocable corruption. The
district court resentenced him to life imprisonment with the
possibility of parole, pursuant to La. R.S. 15:574.4 E.
filed an application for supervisory review, which this court
granted as a timely motion for appeal. Through counsel,
Thompson has designated three ...