P. v. Perez CA4/3
After remand from a prior reversal, defendant Ildefonso Perez appeals his sentence of 25 years to life for a conviction of second degree murder, attempted murder, and the imposition of a sentence enhancement. His primary argument is that his sentence is unconstitutional because he was 17 years old at the time of the crime. His opening brief, however, was filed before the California Supreme Court decided People v. Franklin (2016) 63 Cal.4th 261 (Franklin), which held that revisions to the Penal Code in recent years mooted just such a constitutional challenge, and accordingly, this argument is rejected. Defendant argued in his reply brief that he was entitled to a remand, as discussed in Franklin, for the purpose of placing facts into the record that would assist him at a future parole hearing. We remand for the trial court to conduct a hearing, pursuant to Franklin, to consider whether the record is adequate for that purpose, and if not, to conduct such a hearing. Resentencing is
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