In re Corothers CA4/1
In 1995, when he was 17 years old, Donte Corothers shot and killed a man and took his gun. The following year, a jury convicted him of first degree murder with a lying-in-wait special circumstance and the trial court sentenced him to life without the possibility of parole (LWOP), which was then the presumptive punishment under Penal Code section 190.5. Contending his sentence is unconstitutionally cruel and unusual and the trial court did not adequately consider mitigating circumstances of his youth in sentencing him, Corothers petitions for a writ of habeas corpus. He asks this court to vacate his LWOP sentence and remand the matter for resentencing, or resentence him to 26 years to life in prison on the counts for which he received his LWOP sentence.
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