California Court of Appeal

Defendant's sentence of 30 years to life for rape and committing lewd and committing a forcible lewd act is affirmed, where: 1) there was substantial evidence defendant used both force and intimidation against the victim; 2) at age 16, defendant will be eligible for parole when he is 47, and thus, his sentence leaves the possibility of a substantial life expectancy after prison, so his sentence is not a de facto or functional "life without parole;" 3) there is no rule of constitutional jurisprudence that requires discretion to reduce penalties when minors are sentenced for adult crimes to periods which still leave them a substantial life expectancy after release from prison; and 4) the punishment here fits the crimes and the criminal, given defendant's extreme callousness, substantial criminal record, and lack of remorse.

Appellate Information

• Decided 03/04/2013
• Published 03/04/2013

Judges

• BEDSWORTH

Court

• California Court of Appeal

Counsel