In re Hansen CA4/1

California Court of Appeal Sep 16, 2014 No. D063983Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court granted the petition for writ of habeas corpus and remanded the case for resentencing, holding that the petitioner's original sentence, which relied on a presumption of life without parole for a juvenile offender, violated the Eighth Amendment under Miller v. Alabama and People v. Gutierrez.

Issues

Whether Penal Code section 190.5, as applied to a juvenile offender, violates the Eighth Amendment's prohibition on cruel and unusual punishment under the principles of Miller v. Alabama.

Disposition. Remanded for resentencing

Quotations verified verbatim against the opinion

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

“The matter is remanded to the trial court for resentencing not inconsistent with Miller and Gutierrez.”

Filed 9/16/14 In re Hansen CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 BRAE HANSEN D063983

on (San Diego County Super. Ct. No. SCD207862) Habeas Corpus.

THE COURT:

Petition for writ of habeas corpus. Relief granted.

Brae Hansen in pro. per., for Petitioner.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

and Charles C. Ragland, Deputy Attorney General, for Respondent.

FACTS

In 2009, a jury convicted petitioner Brae Hansen of first degree murder and

vicarious use of a firearm. The jury also found true the special circumstance that the

murder was committed by lying in wait. The court sentenced Hansen to life without the

possibility of parole. Hansen was 17 at the time she committed the crime.

DISCUSSION

In her petition for writ of habeas corpus, Hansen contends that Penal Code

section 190.5 (undesignated statutory references are to the Penal Code), which governs

sentencing of juveniles found guilty of murder in which certain special circumstances are

found true, violates the Constitution's Eighth Amendment's prohibition on cruel and

In re Hansen CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

FACTS

DISCUSSION

More from California Court of Appeal

Related research

DISPOSITION

HUFFMAN, J.

AI Brief