Blackwell

People v. Blackwell

Caution
134 Cal. Rptr. 3d 608·2011 Cal. App. LEXIS 1608·202 Cal. App. 4th 144
Court of Appeal of CaliforniaDecember 21, 2011No. A128197California6,431 words

Opinion

Lead Opinion

Needham, J.

Bradley Blackwell appeals from a judgment sentencing him to prison for life without the possibility of parole (LWOP) after a jury convicted him of first degree murder with felony-murder special circumstances, burglary of an inhabited dwelling, and attempted robbery of an inhabited dwelling. (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17)(A) & (G), 211, 459, 664.) Although appellant was a minor at the time he committed these offenses, the district attorney elected to directly file the case in adult court under the provisions of Welfare and Institutions Code section 707, subdivision (d).

Appellant argues that we must reverse his LWOP sentence because (1) it exceeds the punishment allowable absent a jury determination of age and violates his Sixth Amendment rights under Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [ 147 L.Ed.2d 435 , 120 S.Ct. 2348 ] (Apprendi); (2) it amounts to cruel and unusual punishment under the Eighth Amendment as construed in Graham v. Florida (2010) 560 U.S. _ [ 176 L.Ed.2d 825 , 130 S.Ct. 2011 ] (Graham); and (3) its imposition was an abuse of discretion. We affirm.

I. FACTS AND PROCEDURAL HISTORY

Uriel Carreno was living in the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.