People v. Carrillo CA2/2
CourtCalifornia Court of Appeal
Date FiledNovember 13, 2026
DocketB344405
StatusUnpublished
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Full Opinion
Filed 11/13/26 P. v. Carrillo CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, B344405
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No.
v. A805030)
MARK MICHAEL CARRILLO,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los
Angeles County, Michael Terrell, Judge. Affirmed.
William G. Holzer, under appointment by the Court of
Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Charles C. Ragland and
Susan Sullivan Pithey, Assistant Attorneys General, Idan Ivri
and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and
Respondent.
_________________________________________
Mark Carrillo appeals the trial court’s denial of his petition
for resentencing under Penal Code1 section 1170, subdivision
(d)(1). We affirm.
BACKGROUND
When he was 16 years old, appellant tricked an elderly
woman who lived nearby to let him into her home. He then
stabbed her 40 times, had sex with her dead body, stole her
jewelry, and then bragged to his friends about what he had
done.2
In 1985, appellant pleaded guilty to second degree murder
(§ 187), first degree burglary (§ 459), and robbery (§ 211) in
exchange for a sentence of 15 years to life.
In 2023, appellant petitioned the trial court for recall and
resentencing under section 1170, subdivision (d)(1), which the
trial court denied because appellant had not received a sentence
of LWOP or its functional equivalent.
DISCUSSION
Section 1170, subdivision (d)(1) generally permits a juvenile
offender who “was sentenced to imprisonment for life without the
possibility of parole” and has been incarcerated for at least 15
years to “submit to the sentencing court a petition for recall and
resentencing.” (§ 1170, subd.(d)(1)(A).) Based on equal
protection principles, People v. Heard (2022) 83 Cal.App.5th 608
(Heard) extended relief under this provision to juvenile offenders
who were sentenced to the functional equivalent of LWOP.
(Heard, at pp. 612, 629, 633–634 [sentence of 103 years was
functional equivalent of LWOP]; accord, People v. Sorto (2024)
1 Undesignated statutory references are to the Penal Code.
2 These facts are drawn from the probation officer’s report.
2
104 Cal.App.5th 435, 440, 447 [sentence of more than 100 years
was functional LWOP].) Not all lengthy sentences are functional
LWOP sentences. (E.g., People v. Olmos (2025) 109 Cal.App.5th
580, 590 [33 years to life was not functional LWOP].) In
determining whether a sentence is a functional LWOP sentence,
“the relevant inquiry is whether the sentence offers the juvenile
offender a realistic hope of release and a genuine opportunity to
reintegrate as a productive and respected member of the
citizenry.” (People v. Isayev (2025) 113 Cal.App.5th 1117, 1130;
People v. Contreras (2018) 4 Cal.5th 349, 367–368, 372.)
There is no doubt that appellant’s sentence of 15 years to
life, imposed when he was still a teenager, allows him the
meaningful opportunity to be released and reintegrated upon a
showing of rehabilitation. Appellant does not dispute that he
became eligible for parole when he was 24 years old. He points to
the fact the parole board has repeatedly found him unsuitable for
release to argue that he is serving a function LWOP sentence.
Nothing in the case law supports this position.
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DISPOSITION
The trial court’s order is affirmed.
NOT TO BE PUBLISHED.
LUI, P. J.
We concur:
CHAVEZ, J.
GOORVITCH, J.
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