Derek Harris, a military veteran who serving a life sentence for selling less than $30 worth of marijuana, is set to be released from prison. His attorney confirmed the news to CNN, Saturday.
Harris was originally arrested in Louisiana in 2008 for selling an officer .69 grams of marijuana. He was going to be convicted for a 15-year prison sentence, but the Habitual Offender Law was implemented since he had already been charged with the crime before, and he was given a life sentence.
The Louisiana Supreme Court agreed with Harris' argument for appeal claiming he had "ineffective assistance of counsel at sentencing on post-conviction review." The District Attorney's also admitted that Harris "received ineffective assistance at sentencing and was entitled to a lesser sentence."
"His prior offenses were nonviolent and related to his untreated dependency on drugs," Louisiana Supreme Court Justice John Weimer wrote in a statement.
Weimer also added that the trial judge said Harris was "not a drug kingpin" nor did he fit what would be described "as a drug dealer, so far as I can tell."
Harris' attorney tells CNN he hopes his client will be released soon and is working with the Louisiana Department of Corrections on Harris' release.
[Via]
