People v. Payne CA2/3

INTRODUCTION

A court sentenced Carlton Lavert Payne to two terms of life without the possibility of parole (LWOP) after a jury found him guilty of two counts of first degree murder and found true the special circumstance allegation of multiple murders under Penal Code1 section 190.2, subdivision (a)(3). More than 27 years later, Payne filed a request to initiate a proceeding under People v. Franklin (2016) 63 Cal.4th 261 (Franklin), seeking to make a record of information relevant to a future youth offender parole hearing. The trial court denied the request on the basis Payne’s sentence renders him ineligible for relief. On appeal, Payne argues section 3051, subdivision (h) — the statute that makes him ineligible — violates the equal protection guarantees found in the federal and California Constitutions. He also contends that section 3051 causes his LWOP sentences to be cruel or unusual punishment under the California Constitution. We affirm.

FACTS AND PROCEDURAL BACKGROUND2

On June 5, 1993, Payne attended a combined birthday and housewarming party at an apartment with Eara Pollard and their infant son. Payne was a member of the 190th Street East Coast Crips gang. While they…