People v. Castaneda CA5

INTRODUCTION

Defendant/appellant Jesus Ricardo Castaneda was born March 1995. He had a lengthy juvenile record and was on juvenile probation at the time he committed first degree murder, with special circumstances, on October 20, 2012, four months before his 18th birthday. The trial court imposed a sentence of life without parole (LWOP) pursuant to Penal Code1 section 190.5, subdivision (b), after an analysis of relevant sentencing factors as set forth in Miller v. Alabama (2012) ___ U.S. ___ [132 S.Ct. 2455] (Miller). Castaneda contends the sentence is cruel and/or unusual and must be reversed. We disagree and affirm.

FACTUAL AND PROCEDURAL SUMMARY

Pablo Calderon and Abel Calderon were cousins who were as close as brothers. At one time, Pablo was a Northern gang member; he dropped out while in prison for a robbery. Abel was a former member of a Southern gang subset. It was not a good idea for Abel to hang out with Pablo, because the Southerners considered Abel to be active still in the Northern gang. The neighborhood where Pablo and his family lived was dominated by Northern gang members and a lot of his family belonged to the Northern gang. There was a house in the…