In re Shaheed CA4/1

California Court of Appeal Jul 23, 2014 No. D065031Unpublished

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Holding. The court granted the petition for writ of habeas corpus and remanded the case for resentencing because the petitioner's original sentence was based on a presumption of life without parole that is unconstitutional under Miller v. Alabama and People v. Gutierrez.

Issues

Does Penal Code section 190.5, subdivision (b) violate the Eighth Amendment by creating a presumption in favor of life without parole for juvenile offenders?
Is resentencing required when a juvenile offender was sentenced under a presumption of life without parole that has since been invalidated by Miller and Gutierrez?

Disposition. remanded

Quotations verified verbatim against the opinion

“Miller precludes an interpretation of 190.5 as creating a presumption of life without parole and that previous sentencing determinations premised on that presumption require resentencing.”

“The matter is remanded to superior court for resentencing consistent with Miller and Gutierrez.”

Filed 7/23/14 In re Shaheed CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re HANEEF SHAHEED D065031

on (San Diego County Super. Ct. No. SCD130379) Habeas Corpus.

Petition for writ of habeas corpus. Relief granted.

C. Anthony Valladolid, for Petitioner.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Sabrina Y. Lane-Erwin, Deputy

Attorney General, for Respondent.

In 1998, a jury convicted petitioner Haneef Shaheed of first-degree murder,

kidnapping during a carjacking, and kidnapping for robbery. The jury also found true the

special circumstances that the murder was intentional and committed for financial gain,

committed by lying in wait, committed during a robbery, and committed during a

kidnapping. The court sentenced Shaheed to life without the possibility of parole

pursuant to Penal Code section 190.5, subdivision (b). Shaheed was 16 years old at the

time he committed the crimes.

In his petition for writ of habeas corpus, Shaheed contends that Penal Code section

190.5 violates the Constitution's Eighth Amendment's prohibition on cruel and unusual

In re Shaheed CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

C. Anthony Valladolid, for Petitioner.

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