State of Iowa v. Eric William Querrey ( 2015 )


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  •               IN THE SUPREME COURT OF IOWA
                                  No. 13–1937
    
                             Filed October 30, 2015
    
    
    STATE OF IOWA,
    
          Appellee,
    
    vs.
    
    ERIC WILLIAM QUERREY,
    
          Appellant.
    
    
          Appeal from the Iowa District Court for Lucas County, Terry
    
    Rickers, Judge.
    
    
    
          A defendant appeals the district court’s judgment entry following a
    
    resentencing hearing.   DISTRICT COURT SENTENCE VACATED AND
    
    CASE REMANDED.
    
    
    
          Jane M. White of Jane White Law Office, Des Moines, for appellant.
    
    
          Thomas J. Miller, Attorney General, Mary A. Triick, Assistant
    
    Attorney General, and Paul M. Goldsmith, County Attorney, for appellee.
                                          2
    
    APPEL, Justice.
    
             Eric Querrey was convicted of first-degree murder and sentenced
    
    to life in prison without the possibility of parole in 1992. At the time of
    
    his conviction, Querrey was fifteen years old. On September 27, 2012,
    
    Querrey filed a motion to correct an illegal sentence. After conducting a
    
    resentencing hearing, the district court sentenced Querrey to life without
    
    the possibility of parole until after he had served thirty-five years.
    
             Based upon our decision in State v. Louisell, we determine the
    
    district court’s imposition of a sentence of life imprisonment without the
    
    possibility of parole until after Querrey has served thirty-five years was
    
    without authority. 
    865 N.W.2d 590
    , 600–01 (Iowa 2015). Therefore, we
    
    vacate the district court’s sentence and remand the case to the district
    
    court.
    
             DISTRICT    COURT       SENTENCE        VACATED        AND      CASE
    
    REMANDED.
    
             All justices concur except Mansfield, Waterman, and Zager, JJ.,
    
    who concur specially.
                                         3
                                                   #13–1937, State v. Querrey
    MANSFIELD, Justice (specially concurring).
    
          On remand, the parties should address, and the district court
    
    should determine, whether Senate File 448 applies to the resentencing
    
    proceeding. See 2015 Iowa Acts. ch. 65 § 1 (to be codified at Iowa Code
    
    § 902.1(2)); see also id. § 5 (providing that “[t]he sentencing provisions of
    
    this Act shall apply to a person who was convicted of a class ‘A’ felony
    
    prior to, on, or after the effective date of this Act and who was under the
    
    age of eighteen at the time the offense was committed”); Horsley v. State,
    
    
    160 So. 3d 393
    , 405–09 (Fla. 2015) (applying post-Miller v. Alabama, 
    567 U.S.
    ___, 
    132 S. Ct. 2455
    , 
    183 L. Ed. 2d 407
     (2012), sentencing
    
    legislation to a defendant who was originally sentenced before Miller);
    
    State v. Castaneda, 
    842 N.W.2d 740
    , 760–62 (Neb. 2014) (same); In re
    
    McNeil, 
    334 P.3d 548
    , 552–54 (Wash. 2014) (en banc) (same).
    
          Waterman and Zager, JJ., join this special concurrence.
    

Document Info

DocketNumber: 13–1937

Filed Date: 10/30/2015

Precedential Status: Precedential

Modified Date: 10/30/2015