The Fourth District Court of Appeal clarified Feb. 10 which juvenile defendants can be resentenced under a 2022 case.
That 2022 case, People v. Heard, found that juvenile offenders who were sentenced to the juvenile equivalent of life without parole should be granted resentencing under Penal Code Section 1170(d)(1).
The Feb. 10 ruling clarified that juvenile offenders who are eligible for parole cannot apply for resentencing under that section.
“We publish this opinion in order to clarify that Heard’s reasoning does not apply to a request for resentencing under section 1170(d)(10) if the defendant was eligible for youth offender parole under the sentence imposed at
