People v. Mitchell CA2/6

Discussion “California’s youth offender parole statute offers opportunities for early release to certain persons who are incarcerated for crimes they committed at a young age. [Citations.] . . . Under the current version of the statute, most persons incarcerated for a crime committed between ages 18 and 25 are entitled to a parole hearing during the 15th, 20th, or 25th year of their incarceration. [Citation]. But not all youthful offenders are eligible for parole hearings. The statute excludes, among others, offenders who are serving sentences of life in prison without the possibility of parole for a crime committed after the age of 18. ([§ 3051,] subd. (h).)” (People v. Hardin (2024) 15 Cal.5th 834, 838-839 (Hardin).) Appellant contends section 3051, subdivision (h) violates equal protection under the federal and state constitutions by denying a parole hearing to youthful offenders, like appellant, who have been sentenced to LWOP. He makes a number of arguments in support of this contention, including that relative culpability is not a rational basis for excluding some youthful offenders from entitlement to a parole hearing. Appellant relies on People v. Hardin (2022) 84…