With no explanation, chose the best option from "A", "B", "C" or "D". fact that Davis was seventeen years old at the time the murder was committed, the court finds that Davis’ sentence of death is unconstitutional. Pursuant to an Alabama statute, an individual convicted of a capital offense must be sentenced to death or life imprisonment without the possibility of parole. See Ala.Code § 13A-5-39(l) (defining “capital offense” as “[a]n offense for which a[ ] defendant shall be punished by a sentence of death or life imprisonment without parole according to the provisions of this article”); id. § 13A-5-40(a) (listing and defining Alabama’s capital offenses). Because the sentence of death is no longer constitutionally valid, the only sentencing alternative is life without parole. See Adams v. State, — So.2d-, 2006 WL 1216740, *1 (Ala.Cr.App. April 28, 2006) (<HOLDING>). Davis’ petition, therefore, is due to be

A: holding that roper did not support a similar postconviction claim and noting that roper contained obiter dictum to the effect that life imprisonment without the possibility of parole remains a permissible sentence for such offenders
B: holding that the imposition of a life sentence on a juvenile does not violate the holding of roper
C: holding unconstitutional defendants sentence of death based upon the holding in roper supra and remanding for the montgomery circuit court to set aside the defendants death sentence and to sentence him to the only other sentence available  life in the penitentiary without the possibility of parole
D: holding that a defendant must have notice that the trial court might sentence him to death
C.