People v. Moore CA3

DISCUSSION

The trial court sentenced Moore to an unstayed aggregate term of 83 years to life, comprised as follows: an upper term of nine years for the attempted murder (count 9), plus a consecutive enhancement sentence of 25 years to life for discharging a firearm causing great bodily injury (§ 12022.53, subd. (d)); consecutive sentences of one year each for two of the robbery convictions (counts 3 and 8), plus consecutive gun use enhancements of 20 years and 25 years to life for those two counts, respectively (§ 12022.53, subds. (c), (d), respectively); and, finally, consecutive terms of one year four months for the burglary (count 14) and eight months for the false imprisonment (count 15).

Before we get to Moore’s contention concerning his de facto life without parole (LWOP) sentence, we must provide some legal background. Beginning with Graham v. Florida (2010) 560 U.S. 48 [176 L.Ed.2d 825] (Graham), followed by Miller v. Alabama (2012) 567 U.S. ___ [183 L.Ed.2d 407] (Miller), and concluding with People v. Caballero (2012) 55 Cal.4th 262 (Caballero), the United States and California Supreme Courts have explored, under the constitutional prohibitions on cruel and/or unusual…