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NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENN SYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v. DENNIS FLANAGAN Appellant No. 3398 EDA 2014

Appeal from the PCRA Order November 7 , 2014 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP

- 09

- MD

- 0002831

- 1981

BEFORE: BENDER, P.J.E., SHOGAN, J., and JENKINS, J. JUDGMENT ORDER BY JENKINS, J.: FILED MARCH 09, 2016 Appellant Dennis Flanagan appeals from the order of the Bucks County Court of Common Pleas denying Appellant’s petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541

- 9546. Pursuant t o this Court’s decision in Commonwealth v. Secreti , 578 WDA 2015 (Pa.Super., 2/9/16), the order is reversed, Appellant’s judgment of sentence is
VACATED , and this case is remanded for resentencing. On January 25, 2016, the Supreme Court of the United Stat es held in Montgomery v. Louisiana , ___ U.S. ___, 2016 WL 280758 *12 (filed January 25, 2016, as revised on January 27, 2016), that its decision in Miller v. Alabama , ___ U.S. ___, 132 S.Ct. 2455 (2012), applies retroactively. Miller held that it is uncon stitutional for state courts to impose an automatic life sentence without possibility of parole upon aJ

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homicide defendant for a murder committed while the defendant was a juvenile. Shortly after the issuance of Montgomery , this Court entered a published opinion in Secreti . There, the appellant was sentenced to automatic life imprisonment without possibility of parole for committing first

degree murder as a juvenile. On June 25, 2012, the United States Supreme Court issued its decision in Miller. On Augu st 15, 2012, the appellant filed a timely PCRA petition seeking relief under Miller . On February 9, 2016, following Montgomery , this Court held that (1) Miller applied retroactively to the appellant’s sentence under the PCRA’s retroactivity provision, 42 Pa.C.S. § 9545(b)(1)(iii); (2) the appellant’s sentence was unconstitutional under Miller , and (3) the appellant was entitled to a new sentencing hearing. Sec reti squarely applies to this case. In 1981, Dennis Flanagan pled guilty to first

- degree murder for a murder that he committed as a juvenile. Appellant also pled guilty to robbery, theft by unlawful taking, receiving stolen property and conspiracy and wa s given a concurrent sentence of 10 to 20 years’ incarceration. On March 2, 2001, a PCRA court granted Appellant’s PCRA petition, allowing Appellant to withdraw his guilty plea. This Court and the Supreme Court of Pennsylvania affirmed the PCRA order gra nting relief. Following a jury trial in February, 2005, Appellant was found guilty of second

- degree murder, robbery, theft, receiving stolen property, and conspiracy to commit robbery. On February 25, 2005, the trial courtJ

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sentenced Appellant to mandator y life imprisonment without parole. On August 9, 2012, Appellant filed a PCRA petition seeking relief under Miller

. As in Secreti , (1) Miller applies retroactively to Appellant’s sentence under 42 Pa.C.S. § 9545(b)(1)(iii); (2) Appellant’s sentence is un constitutional under Miller , and (3) Appellant is entitled to a re

- sentencing in accordance with Miller

. Accordingly, we reverse the PCRA court’s order denying relief to Appellant under Miller , we vacate Appellant’s judgment of sentence, and we remand to t he court of common pleas for resentencing. Order reversed. Judgment of sentence vacated. Case remanded. Jurisdiction relinquished. Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 3/9/2016