In re Renteria CA2/7

INTRODUCTION

Luis Renteria was convicted of second degree murder and conspiracy to commit murder in 1990 and sentenced to a total prison term of 16 years to life. Renteria was paroled in 2019 but his parole was revoked for a parole violation in 2021. Renteria petitions for a writ of habeas corpus, raising two claims. First, he argues his reincarceration for what was charged as a simple battery violates the cruel and unusual punishment clauses of the federal and state constitutions. Second, he argues the Board of Parole Hearings (the Board) denied him due process by failing to consider youth offender and elderly parole factors at the initial hearing reconsidering his parole under Penal Code section 3000.1, subdivision (d), and California Code of Regulations, title 15, section 2275, subdivision (c).1 At oral argument, Renteria conceded both issues. Indeed, under existing law, Renteria’s reincarceration is deemed a continuation of his sentence for his original offense, rather than a new sentence, and Renteria has not met the high burden of demonstrating the 32 years he has served on his life-maximum sentence is disproportionate to his second degree murder and conspiracy convictions.…