People v. Ruiz CA5
Opinion
Opinion
INTRODUCTION
Appellant Natharan Giovanni Ruiz was convicted by jury of 11 counts of committing a lewd act upon a child (Pen. Code,1 § 288, subd. (a), counts 1-6, 8-9, 11-13), oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b), count 7), and contacting a minor with the intent to commit a sexual offense (§ 288.3, subd. (a), count 10). The jury also found true special allegations alleging that the victims were under the age of 14 (§ 667.61, subd. (j)(2), counts 1-6, 8-9, 11-13), and that the crimes were committed against more than one victim (§ 667.61, subds. (b) & (e)). Ruiz was sentenced to an aggregate prison term of 150 years to life, plus six years. On appeal, Ruiz contends that the exclusion of One Strike offenders from youth offender parole consideration (see § 3051, subd. (h)) violates his equal protection rights, as well as the Eighth Amendment. We conclude that People v. Williams (2024) 17 Cal.5th 99 (Williams) forecloses Ruiz’s facial equal protection claim, his as-applied equal protection argument likewise fails, and that his Eighth Amendment challenge is both forfeited and meritless.