People v. Cano CA2/3

DISCUSSION

I. Equal protection

Over the past two decades, courts have recognized that juveniles (persons under 18) are constitutionally different from adults for sentencing purposes because of juveniles’ diminished culpability and greater prospects for reform. (See generally Miller v. Alabama (2012) 567 U.S. 460, 471.) Accordingly, the Eighth Amendment prohibits imposing the death penalty on juveniles (Roper v. Simmons (2005) 543 U.S. 551), life without parole sentences on juveniles who commit nonhomicide offenses (Graham v. Florida (2010) 560 U.S. 48), mandatory life without parole sentences on juveniles (Miller, at p. 489), de facto life without parole sentences on juvenile nonhomicide offenders (People v. Caballero (2012) 55 Cal.4th 262), and a sentence of 50 years to life for juvenile nonhomicide offenders (People v. Contreras (2018) 4 Cal.5th 349, 356). In light of the judicial recognition of juveniles’ lessened culpability and greater prospects for reform, our Legislature enacted section 3051. Section 3051 requires the Board of Parole Hearings to conduct a “youth offender parole hearing” at specified

3 times during the youth’s incarceration. Generally, persons who were…