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P. v. Guillen
When defendant and appellant Jose Guillen (defendant or Guillen) was 17 years old, he and three adults committed an armed robbery during which defendant personally shot and killed one of the two victims. A jury convicted him of first degree special circumstance murder, and in 2009, the trial court sentenced him to life without the possibility of parole (LWOP). We affirmed the judgment and the California Supreme Court denied review. The United States Supreme Court thereafter granted defendant’s petition for writ of certiorari, vacated his judgment, and remanded the case to this court for further consideration in light of Miller v. Alabama (2012) 567 U.S. __ [132 S.Ct. 2455] (Miller). (Guillen v. California (2012) 567 U.S. __ [133 S.Ct. 69].)[1]
On remand, we adopt and incorporate our opinion in Aleman I, including the analysis and conclusions as to defendant’s contentions made in the original briefing, with the exception of the argument that the Eighth Amendment to the United States Constitution prohibits an LWOP sentence under the circumstances of this case. We now reconsider that contention in light of Miller, and again conclude that defendant’s sentence did not violate the Eighth Amendment. We affirm the judgment.

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