In re Villalobos CA2/7
In 2010, a jury convicted petitioner Johnny Villalobos of first degree murder, and found true a special allegation asserting that he had personally and intentionally discharged a firearm, causing great bodily injury and death. Villalobos was sentenced to an aggregate term of 50 years to life in prison.
In October of 2016, Villalobos filed a petition for writ of habeas corpus requesting a hearing under People v. Franklin (2016) 63 Cal.4th 261 (Franklin) to make a record of information relevant to his eventual youth offender parole hearing. (See Pen. Code, §§ 3051, 4086.) The trial court denied the petition, concluding it lacked jurisdiction to issue a writ of habeas corpus because Villalobos had not challenged the legality of his incarceration.
Villalobos then filed a petition for writ of habeas corpus in this court seeking an order requiring the trial court to hold a hearing pursuant to Franklin. We issued an order to show cause, and now grant the petition.
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