People v. Reyes CA2/1

DISCUSSION

Section 1170, subdivision (d)(1)(A) permits “a defendant who was under 18 years of age at the time of the commission of the offense for which the defendant was sentenced to imprisonment for life without the possibility of parole” (LWOP) and who “has been incarcerated for at least 15 years” to petition the sentencing court to recall his sentence and be resentenced. As Reyes did here, the defendant must allege at least one additional fact from among a list of alternative allegations described in subdivision (d)(2) of section 1170.3 “If the court

2 Section 3051 established youth offender parole hearings for eligible juvenile offenders “to ensure they will have a meaningful opportunity for release no more than 25 years into their incarceration.” (Franklin, supra, 63 Cal.4th at p. 277.) 3 Under section 1170, subdivision (d)(2), the defendant must allege “that one of the following is true: [¶] (A) The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law[;] [¶] (B) The defendant does

3 finds by a preponderance of the evidence that one or more of the [allegations made pursuant to subdivision (d)(2) of section 1170] is true, the…