The People, Plaintiff and Respondent v. Rodrigo Caballero, Defendant and Appellant. in Re Rodri — Werdegar, J…

Summary

The concurrence agrees that a juvenile convicted of attempted murder committed a nonhomicide offense for purposes of the categorical prohibition on life-without-parole sentences. It further agrees that a 110-years-to-life sentence is the functional equivalent of life without parole because it denies any realistic opportunity for release during the offender's lifetime. The concurrence would give more specific remand instructions requiring resentencing to a term that provides a meaningful opportunity for release based on demonstrated maturity and rehabilitation.