State of Iowa v. Romeo Casino Hardin

IN THE SUPREME COURT OF IOWA
No. 14–0798
Filed September 16, 2016
STATE OF IOWA,
Appellee,
vs.
ROMEO CASINO HARDIN,
Appellant.
Appeal from the Iowa District Court for Scott County Joel W.
Barrows, Judge.
A defendant appeals the district court’s imposition of a life
sentence without parole for murder in the first degree, a crime he
committed as a juvenile. DISTRICT COURT SENTENCE VACATED AND
CASE REMANDED WITH INSTRUCTIONS.
Mark C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Tyler J. Buller, Assistant
Attorney General, and Michael Walton, County Attorney, for appellee.
2
PER CURIAM.
Romeo Casino Hardin appeals the district court’s imposition of a
life sentence without parole following his conviction for murder in the
first degree, a class A felony in violation of Iowa Code sections 707.1 and
707.2 (1995). The district court imposed the life sentence on Hardin,
who was a juvenile when he committed the crime, following a
resentencing hearing. On appeal, Hardin claims his sentence of life in
prison without parole constitutes cruel and unusual punishment in
violation of article I, section 17 of the Iowa Constitution.
In State v. Sweet, 879 N.W.2d 841, 839 (Iowa 2016), we held that
under the cruel and unusual punishment clause contained in article I,
section 17 of the Iowa Constitution, juvenile offenders may not be
sentenced to life in prison without the possibility of parole. Accordingly,
we reverse the sentence imposed by the district court and remand the
case to the district court for resentencing consistent with Sweet.
DISTRICT COURT SENTENCE VACATED AND CASE
REMANDED WITH INSTRUCTIONS.
This opinion shall not be published.