A152211

On appeal, the A.G. argued that appellant had forfeited the opportunity to create a record of his characteristics in a People v. Franklin (2016) 63 Cal.4th 261 proceeding. However, the Court of Appeal found that a Franklin claim is not subject to the forfeiture doctrine and that a trial court has a sua sponte obligation to invite the parties to present evidence regarding youth-related factors before entry of judgment in cases where the defendant will be entitled to a youth offender parole hearing. The Court, therefore, remanded the case for the limited purpose of affording both parties the opportunity to make a record of information relevant to appellant’s future youth offender parole hearing.

Vacating its September 30, 2019 decision, the Court of Appeal found that appellant forfeited his opportunity for a proceeding pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin) at the time of sentencing, but that he may seek such a proceeding by filing a motion under Penal Code section 1203.01.1. Here, appellant was sentenced after Franklin, but his trial counsel did not submit any sentencing memoranda, documents, or testimony relevant to a future youth offender parole hearing.

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