People v. Botello
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The Court of Appeal affirmed defendant's conviction for murdering two juveniles and held that the trial court's error in admitting into evidence defendant's rap song video glorifying gang violence was harmless.
However, the court vacated defendant's life sentence because it was unable to conclude that the trial court's sentence complied with the Eighth Amendment prohibition against cruel and unusual punishments. The court held that Penal Code section 3051, subdivision (b)(4), does not moot defendant's abuse of discretion claim. The trial court then examined and illuminated the transient immaturity versus irreparable corruption legal standard applicable to juvenile life without parole sentencing. The court concluded that, to faithfully apply this deeply rooted in the Eighth Amendment sentencing standard, a trial court must affirmatively and expressly find the circumstances that justify imposing a life without parole sentence upon a juvenile offender. Accordingly, the court remanded for resentencing.
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