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Name: People v. Ybarra
Case #: F047855
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/18/2007
Subsequent History: 8/15/07 Revw. grant & hold (S152984)

The trial court has discretion to impose a 25-to-life term, as opposed to life without parole, for a youthful offender [16 years of age and under 18 years at the time of the commission of the crime] convicted of a special circumstance first degree murder. (Pen. Code, sec. 190.5, subd. (b).) The two appellants were convicted of first degree murder and accompanying criminal street gang allegations, in addition to attempted murder charges, and sentenced to life without parole. Because the record reflected that the court and counsel believed the LWOP sentence was mandatory, a remand was required with directions. Remand was also required for reconsideration of imposition of an aggravated sentence based on Blakely factors (Blakely v. Washington (2004) 542 U.S. 296).