Blackwell

People v. Blackwell

Good Law
2016 Cal. App. LEXIS 750·207 Cal. Rptr. 3d 444·3 Cal. App. 5th 166
Court of Appeal of CaliforniaSeptember 7, 2016A144424California13,729 words

Opinion

Opinion

In 2007, Bradley Blackwell, then 17 years old, committed a burglary and attempted robbery with an accomplice. Uriel Carreno was shot and killed in the course of those offenses. Although Blackwell was a minor at the time he committed these offenses, the district attorney elected to directly file the case in adult court under the provisions of Welfare and Institutions Code section 707, subdivision (d). Blackwell was convicted in 2009 of first degree murder with a robbery-murder special circumstance (Pen. Code, §§ 187, subd. (a), 189, 190.2, subd. (a)(17)(A)) and sentenced to life without the possibility of parole (LWOP).

In a prior appeal (People v. Blackwell (June 20, 2013, A128197) [nonpub. opn.]), we reversed Blackwell’s sentence and remanded for resentencing pursuant to the constitutional standards announced in Miller v. Alabama (2012) 567 U.S. 460, 471, 477-480 [ 183 L.Ed.2d 407 , 132 S.Ct. 2455, 2464 , 2468-2469] (Miller) [mandatory LWOP sentences for homicide amount to cruel and unusual punishment under the 8th Amend, when imposed on defendant who was a juvenile at time of offense]. On remand, the trial court considered the factors outlined in Miller…

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