California Court of Appeal

Defendant-juvenile appeals from the judgment of the trial court, which, at a resentencing hearing, imposed the same 120-years-to-life term as his original sentencing. Defendant was tried as an adult and convicted of three counts of attempted murder with firearm enhancements. Defendant contends that the sentence is cruel and unusual because it imposes a de facto life sentence on him as a juvenile offender. The judgment is affirmed, where a new statute, Penal Code section 3051, complies with the central constitutional requirement that the State provide a juvenile offender with a meaningful opportunity to obtain release within his or her expected lifetime, as it guarantees defendant a future parole eligibility hearing.

Appellate Information

• Decided 03/20/2015
• Published 03/20/2015

Judges

• Ramirez

Court

• California Court of Appeal

Counsel