People v. Vue CA3

BACKGROUND

In 2007, a jury found Vue guilty of first degree murder (§§ 187, subd. (a), 189) and found true the special circumstance that the murder was committed during the commission of attempted robbery (§ 190.2, subd. (a)(17)) and that Vue personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). The trial court sentenced Vue to a term of LWOP for the murder plus 25 years to life for the firearm enhancement, to run consecutively. We affirmed the judgment in an unpublished opinion in People v. Vue (Sept. 30, 2008, C055534). Vue was 20 years old when he committed the offense. In 2023, Vue moved for a proceeding under People v. Franklin (2016) 63 Cal.4th 261 to preserve mitigating evidence for use in a future youth offender parole hearing. The trial court denied the motion. Vue timely appealed, filing a notice of appeal with this court in March 2023. His opening brief was filed in September 2023, and this case was fully briefed on December 6, 2023.

DISCUSSION

Offenders who are eligible for a youth offender parole hearing are entitled to make a record of youth-related mitigating evidence so that the parole board may, in the future, properly…