California Supreme Court

The People, Plaintiff and Respondent v. Tyris Lamar Franklin, Defendant and Appellant — Werdegar, J., Concurring

May 26, 201663 Cal. 4th 261

Summary

Justice Werdegar agreed that the enactment of youth offender parole provisions made moot the question whether Franklin's sentence was equivalent to life without parole for constitutional purposes. She disagreed with remanding for a judicially created baseline hearing, reasoning that the statutory scheme requires consideration of the offender's later growth and maturity but does not require a new sentencing-type proceeding. She would have declined to impose procedures not expressly required by the Legislature or the Constitution.