People v. De La Cruz CA2/2

BACKGROUND

I. Conviction and Sentencing

In 1987, defendant was convicted of first degree murder (§ 187, subd. (a)) with a true finding as to the special circumstance that he had been previously convicted of first degree murder (§ 190.2, subd. (a)(2)). The trial court sentenced defendant to LWOP.

II. Motion for a Franklin Proceeding

In September 2022, defendant filed a motion pursuant to section 1203.01, Franklin, supra, 63 Cal.4th 261, and In re Cook (2019) 7 Cal.5th 439 seeking an evidence preservation proceeding for use at a future section 3051 youth offender parole hearing. He argued that section 3051’s exclusion of 18-to-25-year-olds sentenced to LWOP violated the federal and state constitutional

All further statutory references are to the Penal Code unless otherwise indicated.

2 rights to equal protection and the state Constitution’s proscription on cruel or unusual punishment. On April 25, 2024, the trial court held a hearing on defendant’s motion. The court began by observing, “Given the new decision of People v. Hardin [(2024) 15 Cal.5th 834 (Hardin)], it appears to me that [defendant] would not qualify for a Franklin [proceeding].” Defendant’s counsel replied,…