People v. Izaguirre CA2/2

California Court of Appeal Jan 30, 2025 No. B338377Unpublished

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Holding. A juvenile offender serving a sentence that is the functional equivalent of life without the possibility of parole (LWOP) is eligible for recall and resentencing under Penal Code section 1170, subdivision (d)(1), regardless of their future eligibility for a youth offender parole hearing under section 3051.

Issues

Whether a sentence of 40 years plus 96 years to life constitutes the functional equivalent of LWOP for purposes of section 1170, subdivision (d)(1) eligibility.
Whether eligibility for a section 3051 youth offender parole hearing precludes a finding that a sentence is the functional equivalent of LWOP.
Whether the Supreme Court's decision in People v. Hardin undermined the equal protection analysis regarding section 1170, subdivision (d)(1) eligibility for functionally equivalent LWOP sentences.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“Izaguirre’s sentence of 40 years plus 96 years to life is therefore plainly the functional equivalent of LWOP.”

“for purposes of determining eligibility for section 1170, subdivision (d)(1) relief, the trial court should look to the length of the sentence imposed, without regard to the effect of any later relief to which the defendant might become entitled.”

“Izaguirre’s sentence is functionally equivalent to LWOP, and the trial court erred in deciding otherwise.”

Filed 1/30/25 P. v. Izaguirre CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B338377

Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. BA232697)

JOHNNY A. IZAGUIRRE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charlaine F. Olmedo, Judge. Reversed and remanded. Michael H. Casey, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, Steven E. Mercer, Deputy Attorney General, for Plaintiff and Respondent. __________________________

Johnny Izaguirre appeals from the trial court’s order denying his petition for recall and resentencing pursuant to Penal Code section 1170, subdivision (d).1 He argues that the trial court erred in concluding that his sentence was not functionally equivalent to life in prison without the possibility of parole. The People concede that reversal and remand are warranted. We agree. FACTUAL AND PROCEDURAL BACKGROUND In August 2003, Johnny Izaguirre was convicted of first degree murder, three counts of first degree attempted murder, and various enhancements. (See §§ 187, subd. (a), 664; see also §§ 190.2, subd. (a)(21), 12022.53, subds. (b)–(d), 12022.55, 12022.7, subd. (a).) He was sentenced to life in prison without the possibility of parole (LWOP) on the murder count plus 25 years to life on a firearm enhancement; he was further sentenced to concurrent life terms on the attempted murder counts, one with a 25 year to life firearm enhancement and two with 20-year firearm enhancements. After Izaguirre filed a habeas petition, he was resentenced in June 2016 to a prison term of 40 years plus 96 years to life.2

People v. Izaguirre CA2/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B338377

JOHNNY A. IZAGUIRRE,

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