Sepulvado, Shaina ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,434-01
EX PARTE SHAINA SEPULVADO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-13745-2006-A IN THE 420TH DISTRICT COURT
FROM NACOGDOCHES COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder
and sentenced to imprisonment for life without parole. The Twelfth Court of Appeals affirmed her
conviction. Sepulvado v. State, No. 12-07-00190-CR (Tex. App.—Tyler Dec. 23, 2008) (not
designated for publication).
Applicant contends that her mandatory sentence of life without parole for a crime she
committed when she was a juvenile violates the Eighth Amendment to the United States Constitution
2
under Miller v. Alabama.1
The trial court has determined that Applicant’s sentence violates Miller. Relief is granted.
The sentence in Cause No. F-13745-2006 in the 420th District Court of Nacogdoches County is
vacated, and Applicant is remanded to the custody of the Sheriff of Nacogdoches County for further
sentencing proceedings to permit the factfinder to assess Applicant’s sentence at (1) life with the
possibility of parole or (2) life without parole after consideration of Applicant’s individual conduct,
circumstances, and character. The trial court shall issue any necessary bench warrant within 10 days
after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: December 10, 2014
Do not publish
1
132 S. Ct. 2455 (2012).