LWOP Not Mandatory for Dyleski

Regarding the minor convicted of first degree murder with special circumstances (resid. burg) of Pamela Vitale (wife of defense attorney Daniel Horowitz), the SF Chronicle is reporting that "The verdict will send Dyleski to prison for the rest of his life without the possibility of parole." Not necessarily.

LWOP is discretionary for 16 and 17 years old convicted of 1st degree murder with special circumstances. Cal. Penal Code sec. 190.5(b) (emphasis added):

(b) The penalty for a defendant found guilty of murder in the first degree, in any case in which one or more special circumstances enumerated in Section 190.2 or 190.25 has been found to be true under Section 190.4, who was 16 years of age or older and under the age of 18 years at the time of the commission of the crime, shall be confinement in the state prison for life without the possibility of parole or, at the discretion of the court, 25  years to life.