People v. Perez CA2/3

Filed 9/8/20 P. v. Perez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B294053

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA020781 v.

FRANCISCO PEREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Schultz, Judge. Dismissed. Amy M. Karlin, Interim Federal Public Defender, C. Pamela Gómez, Deputy Federal Public Defender, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Paul M. Roadarmel, Jr. and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Defendant Francisco Perez was sentenced to life without the possibility of parole (LWOP) for a murder he committed when he was 17 years old. The trial court subsequently resentenced Perez but again imposed LWOP. Perez asks us to vacate that sentence because, he claims, the court neither understood the scope of its sentencing discretion nor considered the hallmarks of youth, and his LWOP sentence is unconstitutional because it serves no legitimate penological purpose. While this appeal was pending, however, Perez was released on parole—a circumstance the People contend moots this appeal. We agree with the People and dismiss the appeal.1