Adams

People v. Adams

Good Law
239 Cal. Rptr. 3d 2·28 Cal. App. 5th 170
Court of Appeal of CaliforniaOctober 4, 2018B257829; B259271California9,932 words

Opinion

Lead Opinion

Jaskol, J.

*4 *174 I. INTRODUCTION

This case is before us a second time after the Supreme Court granted review and transferred the case back with directions to vacate our original opinion and reconsider our decision in light of People v. Contreras (2018) 4 Cal.5th 349 ( Contreras ), which addressed the issues a trial court must consider in sentencing a juvenile nonhomicide offender consistent with the Eighth Amendment.

In our original opinion, issued March 3, 2016, we affirmed defendants' multiple convictions and held defendant Davon Delshawn Moreland forfeited his Eighth Amendment challenge to his 35-year parole eligibility term and, in any event, the term was not cruel and unusual punishment. We also modified defendants' sentences and directed the trial court on remand to hold a hearing on defendants' ability to pay sex offense fines together with applicable penalties and surcharges.

Having reconsidered our decision in light of Contreras , we again affirm the convictions, order modifications, and direct the trial court on remand to hold a hearing on ability to pay. In addition, we remand the matter for resentencing of Mr. Moreland. The trial court is directed to consider, in light of…

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