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IN RE NUNEZ

No. G040377.

173 Cal.App.4th 709 (2009)

___ Cal.Rptr.3d ___

In re ANTONIO DE JESUS NUÑEZ on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

April 30, 2009.

Attorney(s) appearing for the Case

Equal Justice Initiative of Alabama, Bryan A. Stevenson; and Jack M. Earley for Petitioner Antonio De Jesus Nuñez.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Arlene A. Sevidal, Deputy Attorneys General, for Respondent State of California.

OPINION

ARONSON, J.—

Antonio de Jesus Nuñez filed a petition for habeas corpus in the California Supreme Court on grounds, inter alia, that his sentence of life in prison without parole (LWOP) for kidnapping for ransom (Pen. Code, § 209, subd. (a))1—an offense he committed when he was 14 years old— constitutes cruel and unusual punishment under the Eighth Amendment or, alternatively...

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