People v. Palaghiuc CA3

DISCUSSION

Defendant argues section 3051’s exclusion of young adult offenders sentenced to LWOP for murder in the commission of a robbery under section 190.2 constitutes cruel and unusual punishment and violates equal protection as applied to him. He further argues section 1203.01 permits him to present information about himself and the crime, and that the trial court abused its discretion and violated procedural due process in dismissing his motion without notice. Defendant points to People v. Briscoe (2024) 105 Cal.App.5th 479, in which the defendant successfully raised an as-applied challenge to section 3051’s exclusion of young adult offenders convicted of special circumstance murder under section 190.2, subdivision (d). (Briscoe, at pp. 484-485.) He further directs our attention to cases involving what he argues are similar crimes committed by equally culpable offenders, who would now be eligible for parole while he is not. (See, e.g., People v. Carter (2019) 34 Cal.App.5th 831; People v. Mulqueen (1970) 9 Cal.App.3d 532; People v. Fortman (1967) 257 Cal.App.2d 45.) Although these authorities do not conclusively establish any violation of defendant’s right to equal…