People v. Cano CA2/3

Filed 6/21/24 P. v. Cano CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B328232

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A705948) v.

ORDER MODIFYING

JAVIER O. CANO, OPINION AND DENYING

PETITION FOR REHEARING

Defendant and Appellant. [NO CHANGE IN

JUDGMENT]

It is ordered that the opinion in this matter, filed May 30, 2024, is modified as follows: 1. The first full paragraph, second sentence on page 4, is modified to read as follows: “Cano had initially argued on appeal that section 3051 violates equal protection and he is therefore entitled to a Franklin hearing. Our California Supreme Court in People v. Hardin (2024) 15 Cal.5th 834, has now rejected that treating young adult offenders sentenced to life without parole from young adult offenders serving parole-eligible life sentences for crimes violates equal protection, as he now acknowledges.” Footnote 4 remains unmodified. 2. On page 8, the parenthetical attached to People v. Argeta (2012) 210 Cal.App.4th 1478, 1480–1481, is…