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People v. Franklin, 217699

In a case in which a 16-year old defendant was convicted of first degree murder, the denial of defendant's Eight Amendment challenge to his sentence of life in prison with possibility of parole after 50 years is: 1) affirmed where Penal Code sections 3051 and 4801, recently enacted by the Legislature to bring juvenile sentencing in conformity with the Miller, Graham, and Caballero cases, moot defendant's constitutional claim; but 2) remanded in light of the changed legal landscape, so that the trial court may determine whether defendant was afforded sufficient opportunity to make a record of mitigating evidence tied to his youth at sentencing.

Appellate Information

  • Decided
  • Published 2016/05/26

Judges

  • LIU

Court

  • Supreme Court of California

Counsel