Benzler

People v. Benzler

Good Law
Court of Appeal of CaliforniaDecember 14, 2021C092779California2,072 words

Opinion

Opinion

Hoch, J.

DISCUSSION

Defendant argues that, as an offender who committed his offense when he was 18 years old, he will be eligible for a youth offender parole hearing during his 15th year of incarceration under section 3051. And, because his sentencing hearing occurred nearly two years before the ruling in Franklin, he did not have a “meaningful chance” to place on the record any evidence relevant to his “youth-related factors” for use in a later parole board hearing. Thus, the matter should be remanded so the trial court may consider whether he “was afforded a sufficient opportunity” to put such evidence on the record. We agree. “[T]he California Legislature passed Senate Bill No. 260 (2013-2014 Reg. Sess.), which became effective January 1, 2014, and enacted sections 3051, 3046, subdivision (c), and 4801, subdivision (c), to provide a parole eligibility mechanism for juvenile offenders.” (People v. Perez (2016) 3 Cal.App.5th 612, 618 (Perez).) “In October 2015, the Legislature amended section 3051, and effective January 1, 2016, anyone who committed his or her controlling offense before reaching 23 years of age is entitled to a youth offender parole hearing. (§ 3051, subd. (a)(1),…

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