People v. Superior Court of Stanislaus Cnty.

250 Cal. Rptr. 3d 661, 38 Cal. App. 5th 360
California Court of Appeal, 5th District·Decided August 5, 2019·No. F078697·Published·Cited by 14 cases

Opinions

DETJEN, J.

*663*364Many changes have been made to the criminal and quasi-criminal laws of this state over the last few years. Some have been brought about by acts of the Legislature, while others were the result of the voter initiative process. One of the changes was the enactment, in 2016, of Proposition 57, the Public Safety and Rehabilitation Act of 2016 (Proposition *36557 or the Act). In part, Proposition 57 eliminated a prosecutor's ability to directly file charges in criminal (adult) court against minors who were 14 years of age or older at the time of their alleged offenses, and instead required prosecutors to obtain juvenile court approval to do so.1 Subsequently, in 2018, the Legislature enacted Senate Bill No. 1391 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1012, § 1) (Senate Bill No. 1391), which prohibits the transfer of 14-and 15-year-old offenders to criminal court in virtually all circumstances.

The question before us is whether Senate Bill No. 1391 unconstitutionally amends Proposition 57. We conclude it does not. Because it is valid legislation, we agree with the ruling of the lower court and so deny the instant petition for writ of mandate.

PROCEDURAL HISTORY

On August 5, 2010, real party in interest T.D. (T.D.), then 14 years old, shot and killed Chaz Bettencourt during an attempted carjacking. Petitioner, the District Attorney of Stanislaus County (the District Attorney) directly filed charges against T.D. in criminal court as permitted by the law then in effect. (§ 707, former subd. (d)(2).) The jury convicted T.D. of first degree murder during the commission of an attempted carjacking ( Pen. Code, § 187, subd. (a) ) and attempted carjacking during which a principal personally and intentionally discharged a firearm, proximately causing death (id. , §§ 215, subd. (a), 664, 12022.53, subds. (d), (e)(1)), and he was sentenced to a lengthy prison term ( People v. Diaz (2018) 21 Cal.App.5th 538, 541, 230 Cal.Rptr.3d 499 ).

While T.D.'s appeal was pending, Proposition 57 went into effect, and the California Supreme Court held it applied retroactively to nonfinal cases ( People v. Superior Court (Lara) (2018) 4 Cal.5th 299, 303-304, 228 Cal.Rptr.3d 394, 410 P.3d 22 ( Lara )). As a result, we conditionally reversed the judgment and remanded the matter to respondent Stanislaus County Superior Court with directions to, in pertinent part, *664conduct a juvenile transfer hearing and either (1) treat the convictions as juvenile adjudications, *366and impose an appropriate disposition, if it found it would not have transferred T.D. to a court of criminal jurisdiction; or (2) reinstate T.D.'s convictions and sentence if it found it would have transferred T.D. to a court of criminal jurisdiction because he was not a fit and proper subject to be dealt with under the juvenile court law. ( People v. Diaz , supra , 21 Cal.App.5th at p. 546, 230 Cal.Rptr.3d 499.)

On August 20, 2018, the District Attorney filed a motion to transfer T.D. to criminal court pursuant to section 707, subdivisions (a) and (b). The probation officer's transfer report recommended that T.D. - who would be 23 years old at the time of the January 9, 2019 hearing - be transferred to the jurisdiction of the adult criminal court.

On January 1, 2019, Senate Bill No. 1391 went into effect. The next day, T.D. asserted his right to a speedy disposition pursuant to section 702. He argued that based on his age at the time of the offenses, the new law rendered him no longer subject to transfer to a court of criminal jurisdiction; hence, the court was required to impose an appropriate juvenile disposition.

The District Attorney responded by asking the court to disregard or overrule what she deemed T.D.'s "demurrer." She further argued the court should set a transfer hearing in accord with this court's instructions, on the ground Senate Bill No. 1391 is an unconstitutional amendment to Proposition 57. T.D. disagreed, and asserted the court no longer had any authority to transfer the case out of the juvenile justice system.

A hearing was held on January 16, 2019, with respect to the constitutionality of Senate Bill No. 1391. After lengthy argument, the court found the purpose of Proposition 57 was to limit the class of juveniles who could be tried as adults. The court concluded Senate Bill No. 1391 is constitutional and applies in the present case, and so confirmed a date for T.D.'s dispositional hearing.

The court also issued a written, more detailed ruling. The court determined that Senate Bill No. 1391 is retroactive under Lara , in that it "is as much ameliorative as Proposition 57 ...." The court summarized the "crux" of the District Attorney's main argument as: "Proposition 57 promised voters that a juvenile judge would have discretion to decide whether any minor should be tried in adult court, but [Senate Bill No.] 1391 removes that discretion, thereby rendering it unconstitutional." The court found the argument unpersuasive and concluded Senate Bill No. 1391 is consistent with and furthers the intent of the Act by limiting the types of minors who can be tried as adults and emphasizing rehabilitation for juveniles. The court also noted case law showing a trend in recent years toward reducing punishment for juvenile *367offenders. Last, the court found no indication voters were aware a provision barring transfer of 14-and 15-year-olds to adult court was removed from Proposition 57 before the measure was submitted to the electorate. It noted the Legislature made a specific finding the statutory scheme under Senate Bill No. 1391 is consistent with and furthers the intent of the Act, and it found the District Attorney failed to overcome the "strong presumption" Senate Bill No. 1391 is constitutional.

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People v. Superior Court of Stanislaus Cnty., 250 Cal. Rptr. 3d 661, 38 Cal. App. 5th 360 (Cal. Ct. App. 2019).

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