California Court of Appeal

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People v. Siackasorn, C065399

In a defendant's conviction for first degree special-circumstance murder of a police officer, committed when defendant was 16 years old, trial court's imposition of a sentence of life without the possibility of parole (LWOP) is reversed and remanded where section 190.5(b) has been interpreted, in California appellate court decisions issued before Miller, as making LWOP the "generally mandatory" presumptive penalty choice, and such a presumptive punishment does not constitutionally square with Miller.

Appellate Information

  • Decided 12/10/2012
  • Published 12/10/2012

Judges

  • Butz

Court

  • California Court of Appeal

Counsel