P. v. Delgado CA5
In 2002, defendant Federico Luis Delgado was sentenced to 26 years 8 months for offenses he committed when he was 20 years old. This was a second-strike sentence under the “Three Strikes” law. (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d).) In April 2020, defendant filed a motion under section 1203.01 for an opportunity to preserve mitigating youth-related evidence for use at a future parole hearing pursuant to the California Supreme Court decisions in People v. Franklin (2016) 63 Cal.4th 261 (Franklin) and In re Cook (2019) 7 Cal.5th 439 (Cook). As defendant was ineligible for a youth offender parole hearing under section 3051 as a second-strike offender, the trial court denied the motion.
Defendant concedes he is ineligible for a youth offender parole hearing under section 3051, and he does not challenge that exclusion.
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