California Court of Appeal

In a case involving a minor killing another minor, life without the possibility of parole (LWOP) sentence for conviction of first degree murder is vacated where the trial court erred in excluding defendant's evidence of rehabilitation in prison, because People v. Gutierrez (2014) 58 Cal.4th 1354, 1389, held that, under Miller v. Alabama (2012) 567 U.S.___ [132 S.Ct. 2455, 183 L.Ed.2d 407], a sentencing court must consider any evidence or other information in the record bearing on the possibility of rehabilitation before imposing an LWOP sentence on a juvenile who kills.

Appellate Information

• Published 2016/01/14

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel