People v. Superior Court

248 Cal. Rptr. 3d 555, 36 Cal. App. 5th 529
California Court of Appeal, 5th District·Decided June 19, 2019·No. C088735; C088736·Published·Cited by 20 cases

Opinion

Robie, Acting P.J.

*557*532This case presents a narrow question for determination: is Senate Bill No. 1391 (Stats.

*5332018, ch. 1012, § 1) (S.B. 1391) void as an unconstitutional amendment to Welfare and Institutions Code1 section 707 as modified by the Public Safety and Rehabilitation Act of 2016 (Proposition 57)? Petitioner, the People of the State of California,2 filed two petitions for writ of mandate with this court seeking relief from separate orders by respondent Superior Court of Sacramento County refusing to transfer real parties in interest R. Z. and K. L. from juvenile to criminal court for purposes of criminal prosecution based on section 707 as modified by legislative enactment of S.B. 1391. Specifically, petitioner argues S.B. 1391's bar on the transfer of minors under the age of 16 for criminal prosecution as adults is unconstitutional because it does not further the intent and purpose of Proposition 57. We disagree and will deny the petitions.

BACKGROUND

The underlying conduct that brings the minor real parties in interest within the jurisdiction of either the juvenile court or the criminal court is not relevant to resolution of the narrow legal issue before us. Accordingly, we limit our factual and procedural recitation to those matters pertinent to our inquiry.

In early 2016, petitioner charged minor K. L., who was 15 years old at the time of the alleged conduct, by felony criminal complaint of murder, attempted murder, and shooting into an occupied vehicle, with additional allegations that K. L. personally discharged a firearm causing death and great bodily injury and that he committed the crimes for the benefit of, at the direction of, or in association with a criminal street gang. In 2017, following the passage of Proposition 57 by the electorate, the trial court suspended criminal proceedings and certified K. L. to juvenile court for a transfer hearing. Thereafter, in October 2018, the trial court found K. L. unfit for juvenile court and granted petitioner's motion to transfer K. L. to criminal court. However, the trial court stayed that transfer order until January 2019 to determine the applicability and constitutionality of a new legislative enactment -- S.B. 1391.

*558Over petitioner's opposition, on January 10, 2019, the trial court dismissed the motion to transfer K. L. to criminal court, vacated its prior order transferring the minor, and sent the matter to juvenile court.

*534In late 2017, minor R. Z., who was 15 years old at the time of the alleged conduct, was arraigned on a juvenile petition alleging that he came within the jurisdiction of the juvenile court because he committed murder and personally discharged a firearm causing great bodily injury or death in the commission of the homicide. In December 2018, the trial court found R. Z. unfit for juvenile court and granted petitioner's motion transferring R. Z. to criminal court. However, the trial court stayed execution of that order until January 2019 so that it could determine the effect of S.B. 1391 on its order transferring the minor. Over petitioner's opposition, on January 10, 2019, the trial court dismissed the motion to transfer R. Z. to criminal court, vacated its prior order transferring the minor, and sent the matter to juvenile court.

On January 28, 2019, petitioner filed petitions for writ of mandate with this court challenging the trial court's orders directing the proceedings relative to the conduct of K. L. and R. Z. to be conducted in juvenile court. On January 31, 2019, to prevent the attachment of jeopardy prior to resolution of the issue raised by the petitions for writ of mandate (see Gonzalez v. Municipal Court (1973) 32 Cal.App.3d 706, 713-714, 108 Cal.Rptr. 612 ), we stayed the juvenile court proceedings pending our decision on the petitions for writ of mandate. To resolve an issue of statewide importance, we thereafter issued orders to show cause in both matters.

DISCUSSION

Petitioner challenges the constitutionality of S.B. 1391 on the basis that barring criminal prosecution of 14- or 15-year-old minors does not further the purpose and intent of Proposition 57.3 Specifically, petitioner argues that it was the intent of Proposition 57 to specifically authorize criminal prosecution of 14- and 15-year-old minors charged with serious offenses, but to vest the decision whether to transfer the minors to criminal court with a judge instead of a prosecutor. We are not persuaded.

*535I

Dictates Of Our Statutory Review

As petitioner's argument asserts that S.B. 1391 is an improper amendment of a voter-approved initiative, we must first clarify when an initiative may be amended by legislative enactment. "The Legislature ... may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors *559unless the initiative statute permits amendment or repeal without the electors' approval." ( Cal. Const. Art. II, § 10, subd. (c).) Proposition 57 authorizes legislative amendment of its provisions that amended section 707, "so long as such amendments are consistent with and further the intent of this act by a statute that is passed by a majority vote of the members of each house of the Legislature and signed by the Governor." (2016 Voter Guide, § 5, p. 145.) The limited question before us is whether S.B. 1391 is "consistent with and further[s] the intent of" Proposition 57.

In this context, "[w]e 'start[ ] with the presumption that the Legislature acted within its authority' and uphold the validity of the legislative amendment 'if, by any reasonable construction, it can be said that the statute furthers the purposes' of the initiative." ( People v. DeLeon (2017) 3 Cal.5th 640, 651, 220 Cal.Rptr.3d 784, 399 P.3d 13 ; see also Gardner v. Schwarzenegger (2009) 178 Cal.App.4th 1366, 1374, 101 Cal.Rptr.3d 229 ; Foundation for Taxpayer & Consumer Rights v. Garamendi (2005)

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People v. Superior Court, 248 Cal. Rptr. 3d 555, 36 Cal. App. 5th 529 (Cal. Ct. App. 2019).

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