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 resentencing under section 1170(d)(1),” the ruling said.
The ruling comes in the case of Mariano Valdez, convicted in 2000 by jury of first degree murder. He was 17 years old when he committed the killing. The jury also found the killing to be a gang related hate-crime. He was sentenced to 25 years to life plus life without parole. In 2018, he was resentenced to 50 years to life in state prison. In 2023, he was denied parole.
The Court of Appeal ruled that they must consider Valdez’ 2018 sentence, not his 2000 sentence, when considering whether he can be resentenced a second time.
Fourth District Court of Appeal, Division Two, Justice Frank Menetrez wrote the opinion, which Justice Art McKinster and Presiding Justice Manuel Ramirez joined.
Deputy District Attorney W. Matthew Murray argued for the People.
Deputy Public Defenders William Meronek and Nicholas Kross argued for Valdez.
Case No. RIF083719
Appellate Case No. E084222
Read the ruling here.
