Is Defendant's sentence for aggravated assault punishable by life without parole?

California, United States of America


The following excerpt is from People v. Bengoa, G048244 (Cal. App. 2014):

Defendant's second point focuses on his youth at the time of the robberies. He seems to argue that sentencing a juvenile offender to a term of 28 years to life is tantamount to sentencing him to a term of life without parole, because "[t]here is no guarantee . . . that he will be paroled" when he becomes eligible. The contention is unsupported by any authority and simply flies in the face of recent cases which conclude that it is the possibility of parole within the juvenile's reasonable life expectancy - i.e., an "opportunity to ' demonstrate growth and maturity' to try to secure his release" (People v. Caballero (2012) 55 Cal.4th 262, 268) - that saves a sentence from constitutional infirmity. Defendant's sentence, which he acknowledges will render him eligible for parole when he is in his mid-40's, meets that standard.

The judgment is affirmed.

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