P. v. Silva CA2/3
Jesse Silva committed a first-degree murder in 2007. In 2008, when Silva was sixteen years old, he committed another first-degree murder and attempted, with premeditation and deliberation, to commit a third murder. In committing the two murders and the attempted murder, Silva used firearms, and he acted for the benefit of a criminal street gang when he committed the offenses. For the 2008 murder Silva committed when he was sixteen, he received a prison sentence of life without the possibility of parole (LWOP).
This is our fourth opinion in Silva’s appeal. Silva contends his LWOP sentence is unconstitutional, and Proposition 57 entitles him to a transfer hearing. Senate Bill (SB) No. 394, passed after Silva filed his notice of appeal, will afford him a parole hearing after 25 years of incarceration, and his constitutional challenges to his LWOP sentence therefore are moot. Because Proposition 57 became effective while Silva’s appeal was pending, we conditionally reverse an
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