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Wednesday, June 1, 2011

sentence of 84 years to life for a juvenile is cruel and unusual

People v. Caballero , District: 2 DCA , Division: 4 , Case #: B217709
Opinion Date: 1/18/2011 , DAR #: 837
Case Holding:
A sentence of 110 years to life imposed on a juvenile does not constitute cruel and unusual punishment. Appellant argued his sentence of 110 years to life for premeditated attempted murder with several enhancements was cruel and unusual punishment under Graham v. Florida (2010) __ U.S. __ [130 S.Ct. 2011] because it denies him any meaningful chance of release. The court declined to apply the principles in Graham because that case expressly limited its holding to juveniles sentenced to life without parole. "If the court had intended to broaden the class of offenders within the scope of its decision, it would have stated that the case concerns any juvenile offender who receives the functional equivalent of a life sentence without the possibility of parole for a non-homicide offense." (Disagreeing with People v. Mendez (2010) 188 Cal.App.4th 47 [sentence of 84 years to life for a juvenile is cruel and unusual].)
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