Scott

Defendant and appellant Javante Marquis Scott appeals after the trial court, at a resentencing hearing, imposed the same 120-year-to-life term as at his original sentencing. Defendant was a minor at the time he committed his crimes, but was tried as an adult and convicted of three counts of attempted murder with firearm enhancements. Defendant contends the sentence is cruel and unusual because it imposes a de facto life sentence on him as a juvenile offender. The People argue that a new statute, Penal Code section 3051, which guarantees defendant a future parole eligibility hearing, renders the sentence constitutional. We hold that section 3051 complies with the central constitutional requirement that the state provide a juvenile offender with a meaningful opportunity to obtain release within his or her expected lifetime. For this reason we affirm, with directions that the trial court determine whether defendant was afforded an adequate opportunity to make a record that complies with the requirements set forth in People v. Franklin (2016) 63 Cal.4th 261, 283-284 [ 202 Cal.Rptr.3d 496 , 370 P.3d 1053 ].

Facts and Procedural History

On February 13, 2009, defendant was 16…