Carter

Defendant Richard Tyrell Carter claims cruel and unusual punishment (U.S. Const., Eighth Amend.) in his sentence of 55 years to life in prison for a second-degree murder he committed at age 17, with personal use and discharge of a firearm causing death, possession of a firearm by a felon, and a prior strike conviction for robbery. ( Pen. Code, §§ 187, 12022.53, subd. (d), 12021, subd. (a)(1), 667, subds. (b)-(i), 1170.12 ; unless otherwise stated, statutory references that follow are to the Penal Code.) The Attorney General acknowledges this sentence is the functional equivalent of a sentence of life in prison without possibility of parole (LWOP). ( People v. Franklin (2016) 63 Cal.4th 261 , 268, 202 Cal.Rptr.3d 496 , 370 P.3d 1053 ( Franklin ) [trial court may not sentence juvenile to functional equivalent of LWOP for homicide offense without Eighth Amendment protections outlined by United States Supreme Court].)

This appeal is not rendered moot by 2013 legislation affording parole hearings for juveniles with life sentences (§§ 3046, 3051, 4801; Stats. 2013, ch. 312, § 4 (Sen. Bill No. 260); Franklin, supra , 63 Cal.4th 261 , 202 Cal.Rptr.3d 496 , 370 P.3d 1053 ), because the…