In re Murray (Cal. Ct. App., Apr. 19, 2021, No. A161687) 2021 WL 1526490, at *1–5
Summary Paul Murray was sentenced to life in prison without possibility of parole for a first degree special circumstance murder he committed when he was 22 years old. Murray sought a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261, because he stated was eligible for a Penal Code section 3051 youth offender parole hearing. The trial court denied his request because section 3051 expressly exclude LWOP offenders who were 18 years old or older at the time of their offense. Murray filed a habeas petition and argued that section 3051 violates his constitutional right to equal protection by affording juvenile LWOP offenders a youth offender parole hearing but denying such a hearing to youthful LWOP offenders. The Court of Appeal concluded that there is a rational basis for distinguishing between juvenile and youthful LWOP offenders in this context, and thus deny his petition.
Murray’s equal protection claim