California Court of Appeal

Defendant-juvenile's sentence of 50 years to life for special circumstances murder is modified to include a minimum parole eligibility date of 25 years, where: 1) there is no material difference between a sentence of life without the possibility of parole and 50 years to life; 2) because defendant's sentence deprives him of a meaningful opportunity for parole, it is facially unconstitutional; but 3) the Legislature has recently decreed that offenders such as defendant (who the judge determined was reformable) shall be afforded a parole hearing after serving 25 years in prison so this provides a meaningful opportunity to demonstrate maturity, rehabilitation and fitness to reenter society at some point in the future.

Appellate Information

• Decided 03/11/2014
• Published 03/11/2014

Judges

• BEDSWORTH

Court

• California Court of Appeal

Counsel