P. v. Galvez CA2/5
Defendant David Galvez appealed from the trial court’s postjudgment order denying resentencing under Miller v. Alabama (2012) 567 U.S. 460 (Miller) and the Eighth Amendment to the United States Constitution. During the pendency of this appeal, defendant additionally sought to remand the matter to the trial court for a record development hearing in light of People v. Franklin (2016) 63 Cal.4th 261 (Franklin) and a resentencing hearing under newly enacted Penal Code section 12022.53, subdivision (h).
The appeal from the order denying resentencing under Miller, supra, 567 U.S. 460 and the Eighth Amendment is dismissed as moot: Section 3051, subdivision (b)(4) has provided defendant with the 25-years-to-life sentences he sought. Defendant’s request for remand for further proceedings under Franklin, supra, 63 Cal.4th 261 is denied as defendant already has had the opportunity to present evidence necessary for a future youth offender parole hearing.
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