People v. Reece CA2/3

Filed 1/31/25 P. v. Reece CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B328717

Plaintiff and Respondent, Los Angeles County Super. Ct. No. A363127-01 v.

NORRIS LARUE REECE,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Laura F. Priver, Judge. Reversed and remanded.

Steven S. Lubliner, 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, Assistant Attorney General, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

A court sentenced Norris Larue Reece to more than 98 years in prison for offenses he committed when he was 16 years old. Reece filed two petitions for recall and resentencing under Penal Code section 1170, subdivision (d) (section 1170(d)).1 Reece relied on People v. Heard (2022) 83 Cal.App.5th 608 (Heard), which held juvenile offenders sentenced to terms that are functionally equivalent to life without the possibility of parole (LWOP) are entitled to section 1170(d) relief under the constitutional guarantee of equal protection. We recently came to the same conclusion in People v. Sorto (2024) 104 Cal.App.5th 435 (Sorto). The Attorney General concedes reversal is required under Heard and Sorto. We agree. We reverse the orders denying Reece’s petitions and remand the case for further proceedings under section 1170(d). FACTUAL AND PROCEDURAL BACKGROUND In 1982, a jury convicted Reece of attempted robbery, residential burglary, involuntary manslaughter, five counts of robbery, and three counts of murder.2 Reece was 16 years old when he committed the offenses. The trial court sentenced Reece to 17 years and six months plus 81 years to life. In 2023, Reece—acting without counsel—filed a petition for recall and resentencing under section 1170(d). Reece argued that, under Heard, supra, 83 Cal.App.5th 608, he is entitled to relief because he was sentenced to the functional equivalent of LWOP for crimes he committed when he was 16 years old.