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Name: Parole
Summary

The Court of Appeal agreed with the parties that because appellant was 23 years old when he committed the offenses and the parole board will have to consider his diminished capacity and subsequent maturation in assessing his suitability for parole at some point in the future, he should receive a proceeding pursuant to People v. Franklin (2016) 63 Cal.4th 261. The court further found that the trial court’s failure to specify reasons for choosing the aggravated term, as required by Penal Code section 1170, subdivision (b)(5), was not harmless. Accordingly, upon remand for the Franklin proceeding, the trial court must pronounce judgment in accordance with the statute.