Apr. 29, 2022 – People v. Delgado (4th Dist., Div. 3, G059650)

The Court of Appeal holds that youthful offenders who are statutorily ineligible for a youth offender parole hearing under PC 3051 are nevertheless entitled to a Franklin proceeding to preserve evidence for their eventual parole hearing. The court reasons that because PC 4801(c) requires the parole board to consider youth-related factors at all parole hearings for youthful offenders, even youth offenders who are statutory ineligible for a youth offender parole hearing “should be given the opportunity to make a record of those factors.”

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