People v. AcostaPeople v. Acosta
OPINION
Appeal from a judgment of the Superior Court of Orange County, John Conley, Judge. Affirmed.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal, Randall D. Einhorn, Elizabeth M. Kuchar and Joseph Anagnos, Deputy Attorneys General, for Plaintiff and Respondent.
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When he was 21 years old, appellant Joshua Acosta, who has been diagnosed with a form of high-functioning autism spectrum disorder, plotted with his codefendant to kill their friend Katlynn‘s parents, whom Acosta believed was physically and sexually abusing her. Late one night, Acosta shot and killed Katlynn‘s parents and a family friend who was at their house. A jury convicted Acosta of three counts of first degree murder and found true the multiple murder special circumstance and firearm enhancements. The trial court sentenced him to three consecutive terms of life without the possibility of parole (LWOP), plus an additional 75 years to life in prison.
Acosta now claims his LWOP sentences are unconstitutional and must be modified to allow for future parole consideration. Much of his challenge concerns Penal Code1 section 3051, which grants the right to a youth offender parole hearing to juvenile offenders sentenced to LWOP and to juvenile and young adult offenders sentenced to indeterminate or life terms, no matter how lengthy. According to Acosta, section 3051 violates equal protection because it denies young adult offenders sentenced to LWOP, like Acosta, the right to a youth offender parole hearing. Acosta further contends his LWOP sentences violate the Eighth Amendment. We reject these contentions and affirm the judgment.
FACTS
At the time of the murders, Acosta was a 21-year-old United States Army mechanic stationed at Fort Irwin. His best friend was his 25-year-old codefendant, Frank Felix.
About a year before the murders, Acosta and Felix met 17-year-old Katlynn G. through the furry community, a worldwide group of cartoon fans who like to
dress up as animals. The trio became good friends. Katlynn and Felix were at times sexually involved.
Katlynn lived in Fullerton with her mother and stepfather, Jen and Chris Yost, and her two younger half-sisters, ages 6 and 9. Katlynn confided to Acosta and Felix that she wanted to run away from home because her stepfather was physically and sexually abusing her. She also talked about killing her stepfather.
Acosta and Felix decided they had to “save” Katlynn and her sisters from further abuse. They came up with a plan to murder Katlynn‘s parents using a
Later Katlynn texted Acosta that she was going to run away from home and asked him to help her escape. Apparently by chance, Acosta and Felix had planned to execute their murder plot that same night.
Acosta drove to Katlynn‘s house and went inside, while Felix stayed outside. Acosta then discovered that a family friend named Billy was spending the night; he decided to also kill Billy to keep him “quiet.” Katlynn secretly loaded her belongings into Acosta‘s truck with Felix‘s help. After everyone was asleep, Katlynn snuck out the front door.
Acosta, who was waiting outside, asked Katlynn if he could use the restroom; he told Katlynn to go to his truck. Acosta entered the house with the shotgun. He walked over to the couch where Billy was sleeping and shot him in the back of the head. Acosta then walked to the master bedroom and shot Jen in the face; he shot Chris as he tried to flee. Acosta, Felix, and Katlynn drove to Felix‘s house, where they destroyed Katlynn‘s cellphone so she could not be tracked. They also burned the clothing Acosta wore during the murders.
The next morning, Katlynn‘s younger sisters woke up to find their parents dead and their sister missing; they called 911. Police officers quickly arrived at the scene and found the victims’ bodies.
The police soon informed authorities at Fort Irwin about Acosta‘s possible involvement in the triple homicide. Military police contacted Acosta in his barracks, retrieved shotgun shells from his pocket, and transported him to the military police station for questioning.
Acosta eventually gave a complete confession and told police where they could find Katlynn. He claimed it was his idea to kill the Yosts; he said he and Felix planned the murders because the Yosts treated Katlynn as a sex toy and a punching bag. They wanted to save her and her young sisters from “two monsters,” and Billy was just “collateral.”
The district attorney filed an information charging Acosta with three counts of special circumstance first degree murder (
At trial the defense presented evidence that Acosta has a form of high functioning autism spectrum disorder, a condition marked by persistent
A jury found Acosta guilty as charged. The trial court sentenced Acosta to three consecutive LWOP terms for the special circumstance murders, plus 75 years to life for the firearm enhancements. At sentencing, the court noted it was “imposing the highest sentence possible under the law” and observed “this is a particularly bad [case].” Acosta appealed.
DISCUSSION
Acosta‘s appeal is limited to the propriety of his LWOP sentences. As noted, the trial court sentenced Acosta to three consecutive LWOP terms under
An LWOP sentence “is the second most severe penalty allowed under the law.” (People v. Scott (2016) 3 Cal.App.5th 1265, 1272.) By effectively guaranteeing death in prison, an LWOP sentence “deprives the convict of the most basic liberties without giving hope of restoration . . . [Citation.] . . . [It] ‘means denial of hope; it means that good behavior and character improvement are immaterial; it means that whatever
Acosta contends his LWOP sentences must be modified to allow for future parole consideration. He observes that
1. Section 3051‘s Purpose and Legislative History
Before turning to Acosta‘s arguments, we review section 3051‘s purpose and history. The Legislature first enacted section 3051 in 2013 in response to a series of decisions concerning Eighth Amendment limitations on juvenile
“[T]he Legislature passed Senate Bill No. 260 explicitly to bring juvenile sentencing into conformity with Graham, Miller, and Caballero.” (People v. Franklin (2016) 63 Cal.4th 261, 277.) In enacting section 3051, the Legislature explained that “youthfulness both lessens a juvenile‘s moral culpability and enhances the prospect that, as a youth matures into an adult and neurological development occurs, these individuals can become contributing members of society.” (Stats. 2013, ch. 312, § 1.) The bill‘s stated purpose was “to establish a parole eligibility mechanism that provides a person serving a sentence for crimes that he or she committed as a juvenile the opportunity to obtain release when he or she has shown that he or she has been rehabilitated and gained maturity, in accordance with the decision of the California Supreme Court in [Caballero] and the decisions of the United States Supreme Court in [Graham and Miller].” (Ibid.)
As originally enacted, section 3051 only afforded a youth parole eligibility hearing to juvenile offenders, not to young adults. (In re Trejo (2017) 10 Cal.App.5th 972, 981 & fn. 6.) It also excluded juveniles who were sentenced to LWOP, since they were already eligible for resentencing under
In 2015, the Legislature expanded section 3051 to apply to offenders who committed crimes at the age of 23 or younger. (Former
In 2017, the Legislature twice amended section 3051. First, the Legislature further increased the age from 23 to 25, such that offenders serving a determinate or life sentence for crimes committed when they were 25 or younger are now eligible for a youth offender parole hearing. (
That same year, the Legislature also amended section 3051 to allow youth offender parole hearings for juveniles—but not young adults—sentenced to LWOP. (
Thus, in its current form, section 3051 “permit[s] the reevaluation of the fitness to return to society of persons who committed serious offenses prior to reaching full cognitive and emotional maturity,” unless the person was “between 18 and 25 years of age when they committed their offense [and] sentenced to life without possibility of parole.” (Jones, supra, 42 Cal.App.5th at p. 485 (conc. opn. of Pollak, J.).) It therefore “distinguishes both between those who committed their offenses under 18 years of age and those between 18 and 25 years of age, and between offenders 18 to 25 years of age sentenced to prison terms with the possibility of parole and those in the same age group who have been sentenced to life without the possibility of parole.” (Id. at p. 483 (conc. opn. of Pollak, J.).)
2. Equal Protection Analysis
Acosta asserts section 3051‘s exclusion of young adult LWOP offenders from the right to a youthful offender parole hearing violates equal protection,
“The Fourteenth Amendment to the United States Constitution and article I, section 7 of the California Constitution guarantee all persons the equal protection of the laws.” (Edwards, supra, 34 Cal.App.5th at p. 195.) “““The first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more similarly situated groups in an unequal manner.” [Citations.] This initial inquiry is not whether persons are similarly situated for all purposes, but “whether they are similarly situated for purposes of the law challenged.“‘” (People v. Morales (2016) 63 Cal.4th 399, 408.)
If a class of criminal defendants is similarly situated for purposes of the law challenged to another class of defendants who are treated differently, “courts look to determine whether there is a rational basis for the difference.” (Edwards, supra, 34 Cal.App.5th at p. 195.) “[E]qual protection of the law is denied only where there is no ‘rational relationship between the disparity of treatment and some legitimate governmental purpose.’ [Citation.] . . . This standard of rationality does not depend upon whether lawmakers ever actually articulated the purpose they sought to achieve. Nor must the underlying rationale be empirically substantiated. [Citation.] While the realities of the subject matter cannot be completely ignored [citation], a court may engage in ‘rational speculation’ as to the justifications for the legislative choice [citation]. It is immaterial for rational basis review ‘whether or not’ any such speculation has ‘a foundation in the record.‘” (People v. Turnage (2012) 55 Cal.4th 62, 74-75 (Turnage).)
To successfully challenge a law on equal protection grounds, the defendant must negate “‘every conceivable basis‘” on which “the disputed statutory disparity” might be supported. (Edwards, supra, 34 Cal.App.5th at p. 195.) “If a plausible basis exists for the disparity, ‘[e]qual protection analysis does not entitle the judiciary to second-guess the wisdom, fairness, or logic of the law.‘” (Id. at pp. 195-196.)
a. Similarly Situated
We must first decide whether young adult LWOP offenders are similarly situated to young adult offenders sentenced to life and juvenile offenders sentenced to life or LWOP—not for any purpose, but for the purpose of section 3051. We conclude they are.
“Likewise, a person who committed an offense between 18 and 25 years of age serving a sentence permitting parole and a person who committed an offense at the same age serving an LWOP sentence are similarly situated for the purpose of determining whether they have outgrown the youthful impulses that led to the commission of their offenses.” (Jones, supra, 42 Cal.App.5th at p. 486 (conc. opn. of Pollak, J.).) As between “youth offenders sentenced to LWOP and those sentenced to a parole-eligible life terms,” “one could say that both groups committed their crimes before their prefrontal cortexes reached their full functional capacity, when their characters were not yet fully formed. Both groups are equally likely to demonstrate improved judgment and decision-making as they reach emotional and cognitive maturity.” (In re Williams (2020) 57 Cal.App.5th 427, 435 (Williams).)
b. Rational Basis
We next must determine whether there is a rational basis for treating young adult LWOP offenders differently than juvenile offenders sentenced to life or LWOP or young adult offenders sentenced to life. We conclude there is.
To start, there is a rational basis for distinguishing between juvenile LWOP offenders and young adult LWOP offenders: their age. Section 3051 has always excluded young adult LWOP offenders, and until 2017 it also excluded juvenile LWOP offenders. Section 3051 now affords a youth offender parole hearing to juvenile LWOP offenders to comply with Montgomery without resorting to costly resentencing hearings. (Sen. Com. on Public Safety, Analysis of Sen. Bill No. 394 (2017-2018 Reg. Sess.) Mar. 21, 2017, p. 3.) The Legislature declined to include young adult LWOP offenders
There is also a rational basis for distinguishing between a young adult LWOP offender and a young adult offender serving a non-LWOP sentence: the severity of the crime committed. “The Legislature has prescribed an LWOP sentence for only a small number of crimes. These are the crimes the Legislature deems so morally depraved and so injurious as to warrant a sentence that carries no hope of release for the criminal and no threat of recidivism for society. In excluding LWOP inmates from youth offender parole hearings, the Legislature reasonably could have decided that youthful offenders who have committed such crimes—even with diminished culpability and increased potential for rehabilitation—are nonetheless still sufficiently culpable and sufficiently dangerous to justify lifetime incarceration.” (Williams, supra, 57 Cal.App.5th at p. 436.)
A special circumstance multiple murder “carries a mandatory sentence of LWOP or death (
We do have some reservations about our analysis. After all, in amending section 3051 to encompass young adult offenders, the Legislature expressly recognized that cognitive brain development continues into the early 20s or later, and the parts of the brain that are still developing during this process affect judgment in ways that are highly relevant to criminal behavior. Since the Legislature has determined a 17-year-old who is sentenced to life or LWOP for committing a crime when his or her brain is not yet fully developed should receive a youth offender parole hearing after 25 years of incarceration, a 21-year-old sentenced to LWOP for committing a crime when his or her brain is not yet fully developed should arguably receive the same
In the end, however, we cannot insert our own policy concerns into the analysis. As noted, “[e]qual protection analysis does not entitle [us] to second-guess the wisdom, fairness, or logic of the law.” (Turnage, supra, 55 Cal.4th at p. 74.) Having concluded there is a rational basis for treating young adult LWOP offenders differently, we must reject Acosta‘s equal protection challenge. Nonetheless, we invite the Legislature to reconsider the provision in question for the reasons discussed above. (See also People v. Montelongo (2020) 55 Cal.App.5th 1016, 1039, 1041 (conc. opn. of Segal, J.) [encouraging the Legislature to “rethink” the exclusion, noting “section 3051‘s current treatment of young adult offenders . . . conflicts with the California Supreme Court decisions that adopted and extended Miller“], review denied Jan. 27, 2021, S265597 (Montelongo); Jones, supra, 42 Cal.App.5th at pp. 486-487 (conc. opn. of Pollak, J.) [noting “there is good reason for legislative reconsideration of the exclusion of young adults serving LWOP sentences from the scope of the statute“].)6
3. Eighth Amendment Analysis
Acosta alternatively argues his LWOP sentences violate the Eighth Amendment. According to Acosta, even though he was 21 years old at the time of the murders, his autism spectrum disorder causes him to incur mitigated culpability similar to that of a juvenile under Miller. Accordingly, he asks us to modify his sentence to allow him to seek parole eligibility in 25 years akin to a non-LWOP youthful offender.
We are not persuaded by Acosta‘s argument. Miller applies to juvenile offenders sentenced to mandatory LWOP terms, not 21 year olds. We are aware of no authority extending Miller to encompass young adult LWOP offenders on the autism spectrum, and we decline to take that step.
DISPOSITION
The judgment is affirmed.
GOETHALS, J.
I CONCUR:
BEDSWORTH, ACTING P. J.
Aronson, J., concurring:
I concur with the majority‘s reasoning and its disposition with one exception: I would not reach the similarly situated prong since a rational basis exists for the Legislature to distinguish between a young adult sentenced to life without the possibility of parole and those not falling into this category, as the majority aptly explains. Consequently, appellant cannot prevail no matter how we resolve the similarly situated prong of an equal protection analysis.
ARONSON, ACTING P. J.