In re Bolton 40 Cal.App 5th 611 (2019)
Sep 30, 2019OUTCOME: The Lassen County Superior Court is directed to vacate petitioner's 91-year state prison term for his juvenile offenses and to hold a sentencing hearing on his juvenile and adult convictions consistent with the Opinion
While serving a 91-year term for crimes committed when he was 16, petitioner D'Arsey Lawrence Bolton was sentenced under the three strikes law to 25 years to life for a crime committed in prison at the ... age of 30. In this habeas corpus proceeding, petitioner asserts his sentence violates the cruel and unusual punishment prohibition of the Eighth Amendment and asks us to order the Lassen County Superior Court to resentence him on all of his convictions consistent with the possibility of release in his lifetime, or to find he is not ineligible for youth offender parole. We find that resentencing on the juvenile offenses is necessary, but petitioner's adult sentence does not violate the Eighth Amendment. We shall vacate the 91-year term for the crimes committed as a juvenile and remand for resentencing.
