P. v. Beteta CA1/1
In 2008, defendant Jose Napoleon Beteta was convicted of first degree murder, with a special circumstance that the murder was committed during the course of a robbery. He was 25 years old at the time of the offense, and he was sentenced to life without the possibility of parole (LWOP). His conviction has long been final, and it is not at issue in the cause before us. (See People v. Beteta (Apr. 29, 2009, A121059) [nonpub. opn].)
What is at issue is whether the trial court correctly determined that Beteta was not entitled to a “Franklin proceeding,” which allows young offenders to develop a post-judgment record for use in future parole hearings. (See People v. Franklin (2016) 63 Cal.4th 261, 284.) Under existing law, offenders who have LWOP sentences and who were over the age of 18 at the time of their offense will not become eligible for parole. (See § 3051, subd. (h).) But offenders who have LWOP sentences and who were 18 or younger at the time of their offense will become eligi
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