Opinion
S253519
04-24-2019
PEOPLE v. MORENO (FREDDY)
B285783 Second Appellate District, Div. 8
Petition for review granted; transferred to Court of Appeal, Second Appellate District, Division Eight
The petition for review is granted. The matter is transferred to the Court of Appeal, Second District, Division Eight, with directions to vacate its decision and reconsider its conclusion that the trial court did not abuse its discretion in refusing to strike defendant Moreno's juvenile prior. In particular, in light of the prosecutor's unchallenged statements concerning protective laws for youth offenders and the court's own statements at the hearing, the Court of Appeal is directed to reconsider whether the trial court can properly be presumed to have been aware that its refusal to strike the juvenile prior would render defendant ineligible for a youth offender parole hearing. (See Pen. Code, §§ 3051, subds. (b) & (h), 667, subds. (b)-(i), and 1170.2; see also People v. Gutierrez (2014) 58 Cal.4th 1354, 1391 [“ ‘Defendants are entitled to sentencing decisions made in the exercise of the “informed discretion” of the sentencing court' ”].) (Cal. Rules of Court, rule 8.528(d).)
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.