Argeta

*1480 Opinion

Defendants Cristian Argeta and Camilo Hernandez appeal from a jury verdict convicting them of one count of murder (Pen. Code, § 187, subd. (a)) and five counts of attempted murder (Pen. Code, §§ 187, subd. (a), 664). 1 We vacated submission and received further briefing in light of the California Supreme Court’s recent decision in People v. Caballero (2012) 55 Cal.4th 262 [ 145 Cal.Rptr.3d 286 , 282 P.3d 291 ] (Caballero) and the United States Supreme Court’s decision in Miller v. Alabama (2012) 567 U.S._ [ 183 L.Ed.2d 407 , 132 S.Ct. 2455 ] (Miller). In the published portion of this opinion we discuss the application of these decisions to the punishment imposed on the appellants. Based on that analysis, we affirm as to Argeta but conclude the trial court’s sentencing determinations regarding Hernandez must be reversed.

FACTUAL AND PROCEDURAL SUMMARY* *

DISCUSSION

I-VI *

VII

Defendants argue that their sentences constitute cruel and/or unusual punishment under the state and federal Constitutions. As stated, we vacated earlier submission to consider the recent decisions.

Hernandez claims that because he was 15 years old when the crimes were committed, he was…