People v. Munoz CA2/2

DISCUSSION

I. Section 3051

Section 3051 gives certain youth offenders the opportunity for parole in their 15th, 20th, or 25th year of incarceration, depending on the length of the sentence they are serving for their “controlling offense.”2 (§ 3051, subds. (a)(2)(B), (b)(1)–(4); Franklin, supra, 63 Cal.4th at p. 277.) The Legislature amended section 3051 in 2017 to allow parole eligibility hearings for juveniles—but not young adult offenders—sentenced to LWOP. (§ 3051, subd. (b)(4); Stats. 2017, ch. 684, § 1.5.) The purpose of this amendment was to bring

1 All further statutory references are to the Penal Code.

2 “ ‘Controlling offense’ ” is the offense or enhancement for which the longest term of imprisonment was imposed. (§ 3015, subd. (a)(2)(B).)

2 California into compliance with federal law articulating the constitutional limits on sentencing young offenders. (Sen. Com. on Public Safety, Analysis of Sen. Bill No. 394 (2017–2018 Reg. Sess.) Mar. 21, 2017, p. 4.) In Miller v. Alabama (2012) 567 U.S. 460 [132 S.Ct. 2455, 183 L.Ed.2d 407] (Miller), the Supreme Court held mandatory LWOP sentences for juveniles unconstitutional. In Montgomery v. Louisiana (2016) 577 U.S. 190…