In re Dyleski CA1/1
Defendant was convicted of special circumstance first degree murder committed when he was nearly 17 years old. He was sentenced to life without the possibility of parole (LWOP). Defendant was granted a resentencing hearing pursuant to Miller v. Alabama (2012) 567 U.S. 460 (Miller), and he was once again sentenced to LWOP. Defendant contends the trial court abused its discretion in reaffirming the LWOP sentence. After his notice of appeal was filed, however, the Governor signed into law Senate Bill No. 394 (2016–2017 Reg. Sess.) amending Penal Code section 3051 to provide all youth offenders serving LWOP sentences in California a parole suitability hearing after 25 years of incarceration. Because defendant will receive a parole suitability hearing after 25 years of incarceration, we find defendant’s challenge to his LWOP sentence is moot.
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