In re Murray
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In 2008, Murray was sentenced to life in prison without the possibility of parole (LWOP) for a first-degree special circumstance murder he committed when he was 22 years old. In 2020, Murray unsuccessfully sought a Franklin hearing, contending he was eligible for a youth offender parole hearing under Penal Code section 3051. The court cited section 3051(h), “people sentenced to life without the possibility of parole for crimes committed when they were at least 18 years of age but no more than ‘25 years of age or younger are not eligible for youth offender parole hearings.” The court of appeal affirmed.
Meanwhile, Murray sought habeas corpus relief, asserting an equal protection violation, arguing that section 3051(h) violates his right to equal protection by affording juvenile LWOP offenders (those under 18 at the time of their offense) a youth offender parole hearing while denying youthful LWOP offenders (those 18-25 years old at the time of their offense) a hearing. The court of appeal denied relief. There is a rational basis for distinguishing between juvenile and youthful LWOP offenders; children are constitutionally different from adults for purposes of sentencing. The court joined “others in encouraging the Legislature to revisit where it has drawn the line.”
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