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Name: People v. Ponder (2023) 96 Cal.App.5th 1042
Case #: A166053
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/26/2023

Under Penal Code section 1385(c)(2), the trial court retains discretion to choose not to dismiss a firearm enhancement in the furtherance of justice for reasons other than public safety. Defendant was convicted of murder and other offenses for opening fire and killing one person at a child’s birthday party when he was 18 years old. He was initially sentenced to 40 years to life, but the Court of Appeal reversed the 25-year-to-life gun enhancement and remanded for resentencing in light of the extensive evidence of defendant’s neurodevelopmental disorders, immaturity, and history of trauma. On remand, defendant urged the trial court…

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Name: People v. Bolanos
Case #: F082970
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/26/2023

The youthful offender parole scheme under Penal Code section 3051 does not, on its face, violate equal protection. Appellant was 22 years old when he committed various sex crimes for which he was sentenced to serve two LWOP terms and multiple terms of life in prison with parole terms under the One Strike law. He appealed. Held: Remanded for resentencing in unpublished portion. First, appellant contended that the youthful offender parole scheme violated equal protection. A youth offender parole hearing is a hearing to review the parole suitability of any prisoner who was 25 years of age or younger at…

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Name: People v. White
Case #: C095640
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/27/2022

A Franklin hearing does not reopen a final judgment or sentencing; it is an “evidence preservation process” to gather data for future determination of parole. In 2006, White was convicted of second degree murder and other offenses based on an accident he caused driving while intoxicated. He requested and received a Franklin hearing (People v. Franklin (2016) 63 Cal.4th 261) to place on the record mitigating factors in anticipation of a youthful parole hearing. (See Pen. Code, § 3051.) On appeal, he argued the Franklin hearing reopened his case, which would allow application of Assembly Bill No. 518. Held: Affirmed.…

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