In re Kirchner

*1042 In Miller v. Alabama (2012) 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 ( Miller ), the United States Supreme Court ruled that under the Eighth Amendment to the United States Constitution "a state may authorize its courts to impose [a sentence of] life without parole on a juvenile homicide offender [only] when the penalty is discretionary and when the sentencing court's discretion is properly exercised...." ( People v. Gutierrez (2014) 58 Cal.4th 1354 , 1379, 171 Cal.Rptr.3d 421 , 324 P.3d 245 ( Gutierrez ).) The proper exercise of discretion in this context requires the sentencing court…