Juvenile Law Center et al. Amicus Brief, California v. Gutierrez

This amicus brief by Juvenile Law Center and others argues California Penal Code 190.5(b) is unconstitutional because it presumes life without parole is the appropriate sentence for certain young people in adult court and it disregards Miller’s requirement of individualized sentencing. Furthermore, amici argue that a young person’s sentence must provide a “meaningful opportunity to obtain release.”

From the Summary of the Argument in the Brief: “In Miller v. Alabama, 567 U.S._, 132 S. Ct. 2455, 183 L.Ed.2d 407 (2012), the United States Supreme Court held that the mandatory imposition of life without parole sentences on juvenile offenders is unconstitutional. Under current California law, the presumptive sentence for any juvenile age 16 or older convicted of first degree murder with special circumstances is life imprisonment without the possibility of parole. See Cal. Penal Code§ 190.S(b). California’s statute effectively requires the imposition of life without parole on juveniles, in violation of Miller, unless the judge finds justification to deviate from this presumptive penalty. California Penal Code§ 190.5(b) therefore fails to provide for an individualized sentence as required by Miller, and is contrary to Miller’s requirement that juvenile life without parole sentences be uncommon. Accordingly, Appellant Luis Angel Gutierrez’s sentence must be vacated and a new, constitutional sentence imposed.”