People v. Diaz CA2/6

DISCUSSION

Diaz asserts that the record reflects that his sentence is the functional equivalent of life without parole, relying upon People v. Heard, supra, 83 Cal.App.5th 608, and People v. Sorto (2024) 104 Cal.App.5th 435, 440. He asks that we remand the matter for reevaluation of his petition. Section 1170, subdivision (d)(1)(A) generally allows a juvenile offender who has served at least 15 years of a sentence of life without parole to petition for recall of the sentence and resentencing to a term that includes an opportunity for parole. Based upon constitutional principles of equal protection, People v. Heard, supra, 83 Cal.App.5th 608, 629, expanded the reach of section 1170, subdivision (d)(1)(A) to juvenile offenders serving de facto sentences of life without parole. Courts have made clear, however, that not all lengthy sentences are equivalent to life without parole. (E.g., People v. Olmos (2025) 109 Cal.App.5th 580, 583 [33 years to life not functional equivalent of life without parole]; People v. Munoz (2025) 110 Cal.App.5th 499, 507 [50 years to life not functional equivalent to life without parole for section 1170, subdivision (d)(1) purposes].)

3 Diaz’s sentence of…