California Court of Appeal

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In re Bonilla, B248199

Habeas corpus petitions challenging sentences of 77 years to life and 50 years to life for two defendants who committed homicides as juveniles are denied, where: 1) SB 260, which will take effect January 1, 2014, provides for a "juvenile opportunity parole hearing", that affords juvenile defendants such as petitioners a meaningful opportunity for release on parole at a time far sooner than their lengthy sentences might otherwise allow; 2) SB 260 also renders moot the issue of whether Miller v. Alabama should apply retroactively to petitioners' cases because it applies to "any prisoner who was under 18 years of age at the time of his or her controlling offense"; and thus, 3) petitioners are not entitled to new sentencing hearings.

Appellate Information

  • Decided 10/29/2013
  • Published 10/29/2013

Judges

  • BOREN

Court

  • California Court of Appeal

Counsel