P. v. Richardson
Eugene Richardson appeals from his conviction of first degree felony murder. (Pen. Code, §§ 187, subd. (a), 189.)[1] The killing resulted from an armed robbery in which Richardson, then aged 16, participated and during which he personally used a firearm. Upon conviction, Richardson was sentenced to 35 years to life in prison.
In this court, he raises constitutional challenges to both his conviction and his sentence. Richardson claims his conviction offends the due process clause of the Fourteenth Amendment, because as a minor, he lacked the cognitive ability to form the necessary intent. Similarly, he argues that his sentence violates the Eighth Amendment’s ban on cruel and unusual punishments, because it is based on the presumption he harbored the same intent as an adult offender.
We find neither of Richardson’s arguments persuasive. Accordingly, we will affirm the judgment.
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