P. v. Ortega CA4/2
In December 1998, defendants and appellants Mario Ortega and Jimmy Arevalo were convicted by separate juries of carjacking, kidnapping and sexual offenses they committed as 16 and 15 year olds, respectively. Defendants’ sentences (55 years to life) were vacated when the People conceded that defendants were entitled to resentencing in compliance with the California Supreme Court’s decision in People v. Caballero (2012) 55 Cal.4th 262 [juvenile’s sentence violates Eighth Amendment rights against cruel and unusual punishment because it amounts to a de facto life without the possibility of parole (LWOP) sentence for nonhomicide crimes] (Caballero). On April 10, 2014, defendants were resentenced to indeterminate terms of 40 years to life. They appealed, contending that their sentences constitute de facto LWOP sentences in violation of the Eighth Amendment, and that Penal Code section 3051 violates their equal protection rights because it excludes juveniles tried as adults and sent
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