California Court of Appeal

A 17-year old defendant's trial and conviction as an adult of first degree murder with special circumstances, Pen. Code sections 187(1) and 190.2(a)(17), assault with a firearm, section 245(a)(2), and robbery, section 211, and life sentence without possibility of parole (LWOP) are affirmed over defendant's unpersuasive arguments that the trial court: 1) improperly limited applicability of section 1170(d)2) relief to juvenile defendants who did not actually kill the victim; 2) abused its discretion in denying the petition despite evidence to support the existence of all the statutory factors; and 3) flouted Miller v. Alabama (2012) 567 U.S. ___ [183 L.Ed.2d 407, 132 S.Ct. 2455], and People v. Gutierrez (2014) 58 Cal.4th 1354 (Gutierrez).

Appellate Information

• Published 2016/08/10

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel