In re Kirchner

*1404 The district attorney appeals the trial court's order granting Kristopher Kirchner's petition for habeas corpus. The trial court correctly concluded the holdings of Miller v. Alabama (2012) 567 U.S. ----, [ 132 S.Ct. 2455 , 183 L.Ed.2d 407 ] ( Miller ) and People v. Gutierrez (2014) 58 Cal.4th 1354 , 171 Cal.Rptr.3d 421 , 324 P.3d 245 ( Gutierrez ) apply retroactively in state collateral proceedings such as the one presented here and that the Eighth Amendment of the United States Constitution requires that when inmates, such as Kirchner, are serving life terms for crimes committed while they were juveniles, they must, except in the most extraordinary circumstances, be given an opportunity to seek parole. (See Montgomery v. Louisiana (2015) --- U.S. ----, [ 135 S.Ct. 1546 , 191 L.Ed.2d 635 ] ( Montgomery ).) However, where, as is the case in California, a legislature has provided *1405 inmates serving life sentences for crimes committed while they were juveniles with an opportunity to obtain a parole hearing, the state has remedied any constitutional defect in the inmate's sentence. 1 *419 FACTUAL AND PROCEDURAL BACKGROUND

On April 28, 1993, Kirchner, age 16 at the time, and…