Opinion
S238032
01-25-2017
PEOPLE v. ARZATE (ALBERT)
B259259 Second Appellate District, Div. 8
Petition for review granted; issues limited
The petition for review is denied as to Petitioner Albert Arzate. The petition for review is granted as to Petitioner Johnny Mendoza. The issue to be briefed and argued is limited to the following: Did Montgomery v. Louisiana (2016) 577 U.S.___ clarify that Miller v. Alabama (2012) 567 U.S. ____ created a presumption against a sentence of life imprisonment without possibility of parole for juvenile offenders and requires trial courts to determine that a juvenile offender is one of “those rare children whose crimes reflect irreparable corruption” (Montgomery, at p. __ ) before imposing such a sentence? Or is it sufficient, for purposes of compliance with Montgomery and Miller, that a trial court take into consideration the offender's youth and attendant circumstances in exercising its sentencing discretion under Penal Code section 190.5, subdivision (b)?
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.