California v. Garcia
Annotate this CaseDefendant Andrew Garcia was sentenced to 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 defendant’s 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. While the Court of Appeal recognized that considerations of defendant’s youth did not, and by statute could not, play a major part in determining his sentence, 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. Therefore, the Court affirmed, with directions that the trial court determine whether defendant was afforded an adequate opportunity to make a record that complies with the requirements set forth in “California v. Franklin,” (63 Cal.4th 261 (2016)).
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