Marquez

INTRODUCTION

Defendant Victor Alexander Marquez was just four months shy of his 18th birthday when he brutally murdered Maria Juarez by stabbing and slashing her 19 times during an attempted robbery. Judge Gerald F. Sevier presided over defendant’s trial and sentenced him to life without the possibility of parole (FWOP) for special circumstance murder. While defendant’s original appeal was pending, the United States Supreme Court decided Miller v. Alabama (2012) 567 U.S. 460 [183 F.Ed.2d 407, 132 S.Ct. 2455 ] (Miller). Miller held that mandatory FWOP sentences for juvenile homicide offenders violated the federal Constitution’s Eighth Amendment prohibition against cruel and unusual punishment. In defendant’s first appeal, we recognized *820 California does not provide for mandatory LWOP sentences for minors convicted of murder, and the sentencing court understood this aspect of its statutory sentencing discretion. Nevertheless, we reversed the judgment and remanded the matter to the trial court to reconsider defendant’s LWOP sentence after applying the individualized sentencing criteria set forth in Miller. (People v. Marquez (June 25, 2013, F063837) [nonpub.…