Garcia

People v. Garcia

Good Law
241 Cal. Rptr. 3d 349·30 Cal. App. 5th 316
Court of Appeal of CaliforniaDecember 17, 20182d Crim. B269836California5,306 words

Opinion

Lead Opinion

Perren, J.

*319 In 1996, appellant Izick David Garcia was convicted of multiple violent sex offenses and sentenced to a prison term of 94 years to life. Appellant was 17 at the time he committed the crimes. We affirmed the judgment. ( People v. Garcia (July 29, 1997, B104833) [nonpub. opn.] ( Garcia I ).)

*320 In 2012, appellant filed a petition for writ of habeas corpus challenging the constitutionality of his sentence. He claimed he was entitled to resentencing under a new line of cases holding that a juvenile's sentence for a nonhomicide offense violates the Eighth Amendment's prohibition against cruel and unusual punishment if it amounts to a de facto life without the possibility of parole (LWOP) sentence. (See Miller v. Alabama (2012) 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 ( Miller ); Graham v. Florida (2010) 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 ( Graham ); People v. Caballero (2012) 55 Cal.4th 262 , 145 Cal.Rptr.3d 286 , 282 P.3d 291 ( Caballero ).) The trial court granted appellant's petition and resentenced him to 50 years to life in state prison. It determined the revised sentence is constitutional in that it affords appellant a meaningful opportunity for a…

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