Lozano
People v. Lozano
Opinion
lead Opinion
Kriegler, J.
*1288 Prior to a recent amendment to Penal Code section 3051, 1 juvenile homicide offenders who were sentenced to life in prison without the possibility of parole (LWOP), such as defendant and appellant Elizabeth Lozano, would die in prison without the opportunity for a parole suitability hearing. On October 11, 2017, Governor Brown signed Senate Bill No. 394 (SB 394), which amends section 3051 to expressly provide a youth offender parole hearing to Lozano and others similarly situated, meaning Lozano will receive a parole suitability hearing after 25 years of incarceration. With the amendment to section 3051, Lozano's argument that her LWOP sentence violates the Eighth Amendment's prohibition against cruel and unusual punishment is moot. The appeal is dismissed.
PROCEDURAL HISTORY
Lozano was sentenced to LWOP in 1996 following her conviction of first degree murder with a robbery-murder special circumstance. (§§ 187, 190.2, subd. (a)(17).) 2 She was 16 years old at the time of the commitment offense. In 1997, this court affirmed the judgment as modified, leaving intact the LWOP sentence. ( People v. Lozano (June 12, 1997, B106665) [nonpub. opn.].)