He said the factors that inform that notion include the fact that she is still within childbearing years, and that she has served less time than many of the juvenile lifers currently being resentenced following a U.S. Supreme Court ruling that life-without-parole for minors is unconstitutional. (Many of those individuals have been resentenced to 35 years to life, a term informed by current state law.) He also considered the nature of the crime: "She killed an innocent child by placing a newborn into a toilet filled with chemicals and who knows what else, where the only result could have been that that child died."