STATE OF NEW JERSEY VS. GARY GUIONSÂ (99-08-2813, ESSEX COUNTY AND STATEWIDE), A-3537-15T2

Defendant Gary Guions committed two murders at age 16, was waived to adult court, and pled guilty.
In 2000 the court sentenced him to concurrent 40-year terms with 34 years parole ineligibility.
Appellate and PCR challenges were previously denied; this appeal follows denial of a motion to correct an "illegal sentence."
Defendant argued his sentence is a de facto life-without-parole for a juvenile and violates the Eighth Amendment under Miller and related juveniles-are-different jurisprudence.
Trial court (Judge Petrolle) denied relief; the Appellate Division affirmed, concluding the sentence did not run afoul of the Eighth Amendment and Miller.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant's sentence is an unconstitutional juvenile life-without-parole equivalent	State: sentence lawful; Miller prohibits mandatory LWOP for juveniles but does not bar discretionary lengthy sentences if court considers youth	Guions: 40-year term with 34-year parole ineligibility is a de facto LWOP for a juvenile; sentencing court failed to meaningfully consider youth factors required by Miller	Affirmed: sentence not the mandatory LWOP Miller prohibits; court considered age and Miller does not forbid lengthy discretionary sentences
Whether an evidentiary hearing was required on the motion to correct sentence	State: record and prior proceedings sufficient; no new factual inquiry warranted	Guions: entitlement to hearing to develop youth-related mitigation and show illegality of sentence	Held: no evidentiary hearing required; motion lacked sufficient merit

Roper v. Simmons, 543 U.S. 551 (recognizes Eighth Amendment limits on juvenile capital punishment and that juveniles are constitutionally different)
Miller v. Alabama, 567 U.S. 460 (holds mandatory life-without-parole for offenders under eighteen is unconstitutional and requires sentencing courts to consider youth-related mitigating factors)