People v. Harvey CA4/1

I. INTRODUCTION

Defendant James Earl Harvey turned 18 on September 26, 1981. One month later, he committed multiple robberies and ultimately pled guilty to two of them. In April 1982, about six months after committing the robberies, Harvey committed murder and attempted murder, for which a jury convicted him in February 1983. A judge sentenced Harvey in both cases to a total

prison term of 29 years to life.1 Forty-one years later, in 2024, Harvey filed a petition for recall and

resentencing under Penal Code section 1170, subdivision (d),2 which provides a resentencing mechanism for “defendant[s] who [were] under 18 years of age at the time of the commission of [an] offense for which the defendant was sentenced to imprisonment for life without the possibility of parole [(LWOP)].” (§ 1170(d)(1)(A).) Harvey argued that his sentence was the functional equivalent of an LWOP sentence and, while acknowledging he was 18 when he committed the offenses, argued that providing a recall and resentencing mechanism to defendants who were under 18 but denying such a mechanism to defendants who were 18 or older violates his equal protection rights. The trial court denied the motion. Harvey…