P. v. Moffett CA1/5
At an October 2014 resentencing hearing, the trial court sentenced Andrew Lawrence Moffett to life imprisonment without the possibility of parole (LWOP) plus 23 years, for crimes Moffett committed when he was almost 18 years old. Moffett appealed. In 2016, we directed the court to modify the sentencing minute order and abstract of judgment, but otherwise affirmed. The California Supreme Court granted review, then transferred the case to this court to determine whether the matter is moot in light of Senate Bill No. 394 (2017–2018 Reg. Sess) (Pen. Code, § 3051, subd. (b)(4)).
We conclude Senate Bill No. 394 moots Moffett’s challenge to his LWOP sentence, but that he is entitled to a juvenile transfer hearing, at which the court must exercise its discretion under section 12022.53, subdivision (h). Accordingly, we conditionally reverse and remand for the court to hold a transfer hearing and to resentence Moffett.
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