Not Cruel And Unusual Punishment To Sentence Juvenile 45 Years To Life In Prison.

A 17-year-old broke into a family home while the family slept. He shot and wounded one of the occupants. On appeal, he contended his 45-year-to-life sentence is cruel and unusual punishment within the meaning of the Eighth Amendment. The appellate court noted that in September 2013, Penal Code section 3051 was amended. The amended statute “requires the Board of Parole Hearings to conduct ‘youth offender parole hearings’ to consider the release of offenders who committed specified crimes as juveniles and who were sentenced to prison.” The appellate court affirmed, stating: “We therefore conclude defendant’s sentence is constitutional because it is not the ‘functional equivalent’ of life without parole.” (People v. Martin (Cal. App. Second Dist., Div. 6; December 16, 2013) 222 Cal.App.4th 98.