Harvey (Frederick) v. State ( 2014 )

 the-possibility-of-parole sentence. Instead, the sentencing body must have
discretion. Id. at , 132 S. Ct. at 2475. Appellant filed his petition
nearly fourteen months after Miller was decided on June 25, 2012, and
appellant failed to demonstrate good cause for the entire length of the
delay. We also note that Miller does not apply to appellant's case. The
jury had discretion to sentence appellant to death, life without the
possibility of parole, and life with the possibility of parole after ten years.
1977 Nev. Stat., ch. 585, § 1, at 1542. The fact that this court changed his
sentence on direct appeal per 1977 Nev. Stat., ch. 585, § 10, at 1545, does
not implicate Miller. Therefore, we
ORDER the judgment of the district court AFFIRMED.
Pitt
Pickering
4421 =Strir."7 J.
Parrguirpr-
Saitta
cc: Hon. Michelle Leavitt, District Judge
Frederick Harvey
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A ep