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People v. Martin

California Court of Appeal, Second District, Sixth Division

December 16, 2013

The PEOPLE, Plaintiff and Respondent,
v.
Marlin V. MARTIN, Defendant and Appellant.

[REVIEW GRANTED BY CAL. SUPREME COURT]

CERTIFIED FOR PUBLICATION

Hayden A. Zacky, Judge, Superior Court County of Los Angeles (Super.Ct. No. MA054232-01) (Los Angeles County)

Page 99

[Copyrighted Material Omitted]

Page 100

COUNSEL

Meredith J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Michael R. Johnsen, Supervising Deputy Attorney General, Esther P. Kim, David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, P.J.

Page 101

A juvenile defendant is convicted of numerous crimes, including attempted murder. He receives a sentence of two consecutive life terms. Newly enacted Penal Code section 3051 affords youth offenders a parole hearing at an earlier age than had they been an adult. We therefore conclude defendant's sentence is constitutional because it is not the " functional equivalent" of life without parole. ( Graham v. Florida (2010) 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825; People v. Caballero (2012) 55 Cal.4th 262, 145 Cal.Rptr.3d 286, 282 P.3d 291.)

Marlin V. Martin appeals a judgment following conviction of two counts of attempted murder, first degree residential robbery, escape, and first degree burglary, with findings of personal firearm use causing great bodily injury. (Pen.Code, ยงยง 664, 187, subd. (a), 211, 4532, subd. (b)(1), 459, 12022.53, subds. (b)-(d).) [1] We affirm.

FACTS AND PROCEDURAL HISTORY

(Counts 1, 2, 3, & 5)

Eloina Gomez and her children, Ilse and Jonathan, lived downstairs in a Jackman Street residence in Lancaster.[2] Eloina and Ilse shared a bedroom in the back of the home, Jonathan slept in ...


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