People v. Diaz CA5

INTRODUCTION

Appellant Mariano Diaz, Jr., received a prison sentence of 55 years to life for crimes he committed when he was 17 years old. In our unpublished opinion in People v. Diaz (Aug. 19, 2015, F068070), we determined his sentence did not violate the Eighth Amendment as a functional equivalent of a life sentence without the possibility of parole (LWOP). We reached that conclusion in light of Penal Code section 3051,1 which gives him a parole eligibility hearing during his 25th year of incarceration. (§ 3051, subd. (b)(3).) The California Supreme Court granted review of our opinion and ordered briefing deferred pending decision in People v. Franklin, S217699. On May 26, 2016, the Supreme Court decided People v. Franklin (2016) 63 Cal.4th 261 (Franklin), and transferred this matter back to this court with directions to vacate our decision and reconsider the cause in light of Franklin at pages 268-269 and 283-284. In light of Franklin, we again affirm appellant’s sentence because he has a meaningful opportunity for release during his 25th year of incarceration. As such, his constitutional claim is moot. (Franklin, supra, at pp. 268, 279-280.) However, consistent with Franklin,…