Petitioner, who was 15 years old at the time of his offense and arrest, and who was sentenced to the functional equivalent of LWOP (107 years), petitioned for recall and resentencing under PC 1170(d). The Court of Appeal grants the petition and orders petitioner’s release, finding that petitioner could not be transferred to adult criminal court, post-Prop. 57, and fell outside the jurisdiction of the juvenile court. In so holding, the court refuses to strike the resentencing provision from PC 1170, disagreeing with the People that the enactment of PC 3051 establishes that PC 1170(d)’s exclusion of juveniles sentenced to the functional equivalent LWOP comports with equal protection.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/D083358.PDF