People v. Bolden CA4/3

INTRODUCTION

Appellant Frederick Rannell Bolden appeals a denial of his postjudgment motion for a hearing, pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin), to preserve youth-related evidence that will be relevant to any parole hearing he receives in the future. Bolden was 23 years old when he committed the crimes central to this appeal and, because of earlier convictions, was sentenced pursuant to the Three Strikes Law. Although the trial court correctly concluded a “third strike” offender is ineligible for the sought hearing pursuant to Penal Code section 3051 (all further undesignated statutory references are to this code), the Attorney General agrees with Bolden on appeal that youthful offenders ineligible under that section should nevertheless be entitled to a proceeding to preserve evidence for a future parole hearing, pursuant to a related legislative provision, section 4801, subdivision (c). We agree, reverse the denial order, and remand the matter with directions.

FACTUAL AND PROCEDURAL BACKGROUND

The details of Bolden’s convictions underlying this case were discussed in our earlier opinion affirming them. (People v. Bolden (Dec. 18, 2008, G038374…