Garcia

RAMIREZ P.J.

Defendant is serving 35 years to life after a jury convicted him as an adult of attempted murder and other charges for robbing and shooting a woman in the face when he was 15 years old. In this appeal, defendant argues, the People concede, and we agree, that a three-year enhancement for great bodily harm under Penal Code section 12022.7 1 is unauthorized and should be stayed. This reduces his sentence to 32 years to life. Defendant also contends his overall sentence constitutes cruel and unusual punishment because the sentencing court did not comply with the requirements in Miller v. Alabama (2012) 567 U.S. ----, 132 S.Ct. 2455 , 183 L.Ed.2d 407 ( Miller ) and People v. Caballero (2012) 55 Cal.4th 262 , 145 Cal.Rptr.3d 286 , 282 P.3d 291 ( Caballero ) that it consider his youth and consequent reduced culpability and impose a sentence reflecting these considerations. While we recognize that considerations of defendant's youth did not, and by statute could not, play a major part in determining his sentence, the sentence passes constitutional muster because he "shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth…