P. v. Yoakum
Appellant and the codefendant, Alton Lionell Sterling, committed a series of armed robberies at small, family-operated stores. Sterling is not a party to the appeal. During one of the incidents, appellant and Sterling both shot at Jose Chitay, who died from a bullet fired by Sterling. Appellant and Sterling both made confessions to a police detective. Appellant admitted that he committed about nine robberies, and fired the first shot at Chitay. He turned 14 years old, two months before the crimes. Sterling was 19 years old when the crimes were committed.
Appellant contends: (1) The case must be remanded for resentencing under section 731, because the trial court erroneously believed that it lacked discretion to impose a lesser sentence, based on the facts and circumstances of the case, that would make appellant eligible for the California Youth Authority (CYA). (2) He was deprived of due process of law because certain provisions of section 602, subdivision (b) are vague and uncertain. (3) Imposition of a sentence of 115 years to life on a 14 year old offender constitutes cruel and unusual punishment.
Based on the facts of the crimes and the applicable law, Court find no error, and affirm.
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