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California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d)

by Sam Rutherford

The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without parole (“LWOP”) are entitled to resentencing under Cal. Pen. Code, § 1170, subd. (d) based on the constitutional guarantee of equal protection.

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