Padilla

People v. Padilla

Bad Law
2016 Cal. App. LEXIS 895·209 Cal. Rptr. 3d 209·4 Cal. App. 5th 656
Court of Appeal of CaliforniaOctober 25, 2016B265614California6,890 words

Opinion

Opinion

Manella, J.

In 1999, appellant Mario Salvador Padilla was convicted of a murder he committed when 16 years old, and was sentenced to a term of life without the possibility of parole (LWOP). In the underlying proceeding for writ of habeas corpus, appellant sought resentencing in light of Miller v. Alabama (2012) 567 U.S. 460, 465, 479 [ 183 L.Ed.2d 407 , 132 S.Ct. 2455, 2460, 2469 ] {Miller). After conducting a resentencing hearing, the trial court reimposed the LWOP term. Following that ruling, the United States Supreme Court decided Montgomery v. Louisiana (2016) 577 U.S. _ [ 193 L.Ed.2d 599 , 136 S.Ct. 718 ] {Montgomery), which held that Miller announced a substantive rule of law that had retroactive application in state collateral review proceedings. In so holding, the United States Supreme Court clarified and elaborated on its earlier holding in Miller . Because the trial court exercised its discretion in resentencing appellant without the guidance provided by Montgomery, we reverse its ruling and remand for a new resentenc-ing hearing.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

In July 1999, a jury convicted appellant of the murder of his mother, Gina Castillo (Pen. Code, §…

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