The Court of Appeal ruling overturned eight felony convictions but upheld convictions for charges of forcible rape, forcible sodomy, forcible oral copulation, residential burglary and two charges of assault with a deadly weapon.
The Court of Appeal also ruled the 68-years-to-life sentence amounted to cruel and unusual punishment in violation of the Eighth Amendment. The sentence is contrary to changes in the law in recent years for juvenile offenders because it denied Cervantes a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation, the court wrote.
This case involved horrific acts of violence against two young and vulnerable victims and it is unsettling to have the case come back at this time with no final resolution of the matter, District Attorney Krishna Abrams said Thursday after reviewing the 89-page ruling.
Prior to overturning his sentence, Cervantes minimum eligible parole date was Sept. 23, 2077, when he would have been 80 years old.
The Court of Appeal did not offer guidance as to what length of punishment would pass constitutional review. The ruling pointed out that even if prosecutors chose not to pursue a second trial on the eight overturned felony charges, the modified sentencing could still result in Cervantes spending most or all of his life behind bars.
