People v. Gonzalez CA4/2

INTRODUCTION

In 1993, a jury convicted defendant Ismeal Gonzalez of one count of first degree

murder (Pen. Code,1 § 187), with the special circumstance that he intentionally killed the

victim while lying in wait (§ 190.2, subd. (a)(15)). The jury also found true the allegation

that he personally used a firearm. (§§ 12022.5, subd. (a) & 1192.7, subd. (c)(8).) A trial

court sentenced defendant to life without the possibility of parole (LWOP). He was

years old when he committed the murder. In 2020, he filed a motion seeking a youth

offender parole hearing under section 3051. The trial court denied the motion, finding

that defendant was statutorily ineligible for relief.

On appeal, defendant argues that section 3051 violates equal protection because it

denies young adult offenders sentenced to LWOP, like him, the right to a youth offender

parole hearing. He further contends his LWOP sentence constitutes cruel and unusual

punishment under the Eighth Amendment. We disagree and affirm.

DISCUSSION

I. The Exclusion of Young Adult Offenders Sentenced to LWOP Does Not Violate

Equal Protection

Defendant argues he is entitled to a youth offender parole hearing,…