Antonio Nunez was sentenced to 5 life terms plus 100 years after he sprayed police with AK-47 fire during a kidnap attempt at age 14. Nunez would have been unable to seek parole for 175 years.
A California Appeals Court, however, ruled it was unconstitutionally harsh to sentence a juvenile to life without even the possibility of parole. Nunez has been in custody since 2001. The appellate court's decision is based upon a United States Supreme Court case which set aside a life sentence in a juvenile, non-homicide case.
The Appeals Court sent the case back to the lower court for resentencing. This will be the second resentencing. Nunez was originally given 1 life without the possibility of parole sentence, 4 life sentences and 111 years. The original sentence was also overturned.
Although some may hail this decision, the actual result may not be great. There has yet to be a determination as to how many years a juvenile should serve before he/she becomes eligible for parole. Is it 20, 30 or 40 years? Regardless of the amount, Mr. Nunez will likely be a very old man before he is released from prison.
