People v. Tate CA2/4

INTRODUCTION

Appellant Christopher Tate (Tate) appeals from an order denying his motion for a hearing under Penal Code section 1203.011 and People v. Franklin (2016) 63 Cal.4th 261 (Franklin). After Tate submitted his opening brief, the California Supreme Court decided People v. Hardin (2024) 15 Cal.5th 834 (Hardin). That decision controls the outcome here. We affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

Tate was convicted of first-degree murder with special circumstances in 1988. He was 19. He was sentenced to life without the possibility of parole. In November 2022, Tate filed a motion for a hearing under section 1203.01 and Franklin, seeking an opportunity to place information on the record for an eventual youth offender parole hearing. The trial court denied the motion, finding that Tate was not entitled to a youth offender parole hearing under section 3051. Tate timely appeals.

DISCUSSION

Section 3051, subdivision (a)(1) provides that the Board of Parole Hearings (Board) must hold a hearing “for the purpose of reviewing the parole suitability of any prisoner who was 25 years of age or younger . . . at the time of the controlling offense.” At that…