P. v. Fonseca CA6
In 2015, defendant Juan Carlos Fonseca was convicted of multiple offenses including kidnapping to commit extortion (Pen. Code, § 209, subd. (a)). Fonseca appealed his convictions, and we reversed and remanded the matter for resentencing. On remand, the trial court resentenced Fonseca to a term in prison that included a sentence of life without the possibility of parole (LWOP). Fonseca appealed again. In this second appeal, Fonseca argues that his LWOP sentence is unconstitutional, and he is entitled to a youth offender parole hearing under section 3051. He claims that section 3051 violates his right to equal protection under the law because it categorically excludes him from the right to have a youth offender parole hearing. He further argues that insufficient evidence supports the trial court’s finding that he had the ability to pay the $10,000 restitution fine imposed under former section 1202.4 and that the trial court erred in calculating the court security fee (§ 1465.8) and c
Comments on P. v. Fonseca CA6