California v. Garcia
Annotate this CaseDefendant Andrew Garcia was serving 35 years to life after a jury convicted him as an adult of attempted murder and other charges for robbing and shooting a woman in the face when he was 15 years old. In this appeal, defendant argued, the State conceded, and the Court of Appeal agreed, that a three-year enhancement for great bodily harm under Penal Code section 12022.7 was unauthorized and should have been stayed. This reduced his sentence to 32 years to life. Defendant also contended his overall sentence constituted cruel and unusual punishment because the sentencing court did not comply with the requirements in "Miller v. Alabama," (132 S.Ct. 2455 (2012)) and "California v. Caballero," (55 Cal.4th 262 (2012)) that it consider his youth and consequent reduced culpability and impose a sentence reflecting these considerations. The Court of Appeal concluded that while the sentence passed constitutional muster because he “shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing” pursuant to section 3051.
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