Juvenile offenders sentenced to de facto life without parole sentences may petition for resentencing
The PEOPLE, Plaintiff and Respondent, v.Frank Eli HEARD, Defendant and Appellant; D079237; Filed September 20, 20222022 WL 4353385 (Cal.App. 4 Dist.)
Summary: Heard was sentenced to a term of 23 years plus 80 years to life for two counts of attempted willful, deliberate and premeditated murder for a drive-by shooting he committed at age 15, and one count of voluntary manslaughter for a homicide he committed just after he turned 16. After 15 years in prison, Heard petitioned the trial court to recall his sentence and resentence him to a lesser sentence under Penal Code section 1170, former subdivision (d)(2) (now subdivision (d)(1)).
Under this provision, a juvenile offender who “was sentenced to imprisonment for life without the possibility of parole” and has been incarcerated for at least 15 years “may submit to the sentencing court a petition for recall and resentencing.” The trial court denied Heard’s petition, finding him ineligible for relief because he was not sentenced to a term of life without the possibility of parole.