People v. Baker CA3

DISCUSSION

Defendant argues he is “entitled to a youth offender parole hearing” and “may obtain proceedings in the trial court to preserve and collect mitigating evidence . . . in anticipation of the parole hearing.” Defendant contends his February 2024 motion “included . . . substantially all of the elements delineated in Cook[3]” and therefore, was “sufficient to initiate proceedings under section 1203.01.” (Some italics omitted.) The People concede defendant’s “motion was sufficient to initiate a hearing” and agree “the matter should be remanded for further proceedings.” We agree with the parties. In 2013, the California Legislature enacted a parole eligibility mechanism for juvenile offenders. (Franklin, supra, 63 Cal.4th at p. 277; People v. Perez (2016) 3 Cal.App.5th 612, 618.) Section 3051 “provides all juvenile offenders with a parole hearing during or before their 25th year of incarceration.” (Franklin, at p. 278.) Section 3051 applies to any person incarcerated for a “controlling offense” committed when they were 25 years of age or younger. (§ 3051, subds. (a)(1), (b)(1).) The hearing must be held no later than a person’s 15th, 20th, or 25th year of incarnation…