Forcey, Scottie Louis

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,884-01
EX PARTE SCOTTIE LOUIS FORCEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F43132-A IN THE 249TH DISTRICT COURT
FROM JOHNSON 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 life’ imprisonment without possibility of parole. The Tenth Court of Appeals
affirmed his conviction. Forcey v. State, No. 10-09-00335-CR (Tex. App. — Waco, May 19, 2010
(not designated for publication).
Applicant contends that his sentence of life without possibility of parole violates the Eighth
Amendment prohibition on cruel and unusual punishment, because he was sixteen years old when
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he committed the offense. See Miller v. Alabama, 132 S. Ct. 2455, 2469, 183 L. Ed. 2d 407 (2012);
Ex parte Maxwell, 424 S.W.3d 66 (Tex. Crim. App. 2014).
The State responds, based upon the record, that Applicant was a juvenile at the time of the
offense and that Applicant is entitled to relief. We agree. Relief is granted. The sentence in Cause
No. F43132 in the 249th District Court of Johnson County is set aside, and Applicant is remanded
to the custody of the Sheriff of Johnson County for a new punishment hearing. 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: February 10, 2016
Do not publish