People v. Jones CA1/5

I. DISCUSSION

“In response to a series of decisions addressing Eighth Amendment limits on juvenile sentencing (see, e.g., Miller v. Alabama (2012) 567 U.S. 460[]; Graham v. Florida (2010) 560 U.S. 48, 75[]), the Legislature enacted section 3051. (Sen. Bill No. 260 (2013–2014 Reg. Sess.), Stats. 2013, ch. 312, §§ 1, 4; In re Trejo (2017) 10 Cal.App.5th 972, 980–981[].) In its current form,

2Appellant originally filed a petition for writ of habeas corpus with this Court, which we denied “without prejudice to [appellant] filing a motion in the trial court under the authority of Penal Code section 1203.01 and In re Cook (2019) 7 Cal.5th 439.” (In re Jones (Mar. 12, 2020, A156593) [nonpub. order].) 2 the statute provides an opportunity for release (via youthful offender parole hearings) to most persons convicted of crimes committed before the age of 26 in their 15th, 20th, or 25th year of incarceration, depending on the sentence imposed for their ‘ “[c]ontrolling offense.” ’ (§ 3051, subds. (a)(2)(B); see id., subd. (b)(1)–(4).).” (People v. Sands (2021) 70 Cal.App.5th 193, 197–198 (Sands).) Section 3051 carves out an exception for offenders who are over 18 years of age at the time…