In re Brownlee
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Terrence Brownlee was 19 years old when he was sentenced to 17 years to life in state prison for second degree murder committed with a firearm.
The Court of Appeal held that Brownlee was not entitled to a youth offender parole hearing, because the statutory framework's plain language, Penal Code sections 3051, 3051.1, and 4801, does not afford him one. The court explained that, within this statutory framework, if a prisoner's first parole hearing is not a youth offender parole hearing, then the prisoner does not receive a youth offender parole hearing. Such prisoners are still entitled to have the board consider the diminished culpability of youth as compared to adults, the hallmark features of youth, and any subsequent growth and maturity.
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