Summary
California Supreme Court ruling that a California law, which allows murderers between the ages of 16 and 18 years old to be eligible for a sentence of life without the possibility of parole (LWOP), does not violate the U. S. Supreme Court’s June 2012 decision in Miller v. Alabama. The case involves a criminal (a few days short of his 18th birthday) who committed an armed robbery along with an accomplice. During their attempted escape, the accomplice shot and killed a police officer. Andrew Moffett was convicted of the murder of Officer Larry Lasater, which is a death penalty offense for murderers over 18. Because of his age, he received a sentence of LWOP. During sentencing, the judge noted that she was exercising her discretion to give this sentence, rather than life with parole, due to the circumstances of the crime. While Moffett’s case was on appeal, the U. S. Supreme Court, in Miller v. Alabama, abolished mandatory LWOP for murderers under 18. The state Court of Appeal overturned Moffett’s sentence, announcing that it violated the “spirit” of Miller. When the California Supreme Court agreed to hear the state’s appeal, CJLF filed an amicus curiae brief on behalf of Officer Lasater’s wife, mother, and brother arguing to reinstate Moffett’s sentence. The brief noted that the Miller ruling bars mandatory LWOP for murderers under the age of 18, while California law gives judges sentencing discretion. The state Supreme Court agreed, but due to Miller“s expanded factors that must be considered at sentencing, Moffett’s case was sent back to the original trial judge for resentencing, and the judge resentenced Moffett to LWOP.
