Opinion
D071461
03-29-2018
THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE, Respondent; JEREMY WALKER, Real Party in Interest.
Michael A. Hestrin, District Attorney, and Donald W. Ostertag, Deputy District Attorney for Petitioner. Bonnie M. Dumanis, District Attorney, Peter J. Cross, Deputy District Attorney, as Amicus Curiae on behalf of Petitioner. No appearance for Respondent. Robert J. Booher, under appointment by the Court of Appeal, for Real Party in Interest. California Public Defenders Association, Law Offices of the Public Defender and Laura B. Arnold, as Amicus Curiae on behalf of Real Party in Interest.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. RIF1201399) ORIGINAL PROCEEDING in mandate / prohibition challenging order of Superior Court of Riverside County, Becky L. Dugan, Judge. Petition denied. Michael A. Hestrin, District Attorney, and Donald W. Ostertag, Deputy District Attorney for Petitioner. Bonnie M. Dumanis, District Attorney, Peter J. Cross, Deputy District Attorney, as Amicus Curiae on behalf of Petitioner. No appearance for Respondent. Robert J. Booher, under appointment by the Court of Appeal, for Real Party in Interest. California Public Defenders Association, Law Offices of the Public Defender and Laura B. Arnold, as Amicus Curiae on behalf of Real Party in Interest.
On November 8, 2016, the voters passed Proposition 57, and the new law became effective the following day. As relevant to this writ proceeding, Proposition 57 eliminated the People's ability to directly file criminal charges against a juvenile defendant in a court of criminal jurisdiction (Adult Court).
Proposition 57 is officially titled, "The Public Safety and Rehabilitation Act of 2016." (Prop. 57, § 1.)
In referring to a "juvenile defendant," "juvenile," or "minor," we intend to refer to a person who allegedly committed a crime while under 18 years of age.
In February 2012, the People filed a complaint against Jeremy Walker in Adult Court, alleging two counts of attempted premeditated murder (Pen. Code, §§ 664, 187, subd. (a)) and one count of active participation in a gang (Pen. Code, § 186.22, subd. (a)) as well as various firearm enhancements. Walker was 17 years old at the time of the events giving rise to the charges. After a jury found Walker guilty as charged, this Court ruled that the trial court erred in admitting certain evidence at Walker's trial and reversed his convictions. Walker's case was remanded to the Adult Court, where it remained pending as of the effective date of Proposition 57.
In late November 2016, after the effective date of Proposition 57, Walker filed a motion to transfer his case from Adult Court to Juvenile Court. In his motion, Walker argued that Proposition 57 "applies retroactively to direct file cases which are not yet final." (Formatting omitted.) After the trial court granted the motion, the People filed a writ petition in this court requesting that we vacate the trial court's order and stay further proceedings in the trial court.
Juvenile Court and Adult Court are both divisions of the superior court, and thus, a transfer from one of these courts to the other does not implicate the subject matter jurisdiction of either court, but rather, "the statutory authority of the particular division of the superior court, in a given case, to proceed under the juvenile court law or the law generally applicable in criminal actions." (Manduley v. Superior Court (2002) 27 Cal.4th 537, 548.) --------
On December 22, 2016, we issued an order to show cause and stayed further proceedings in the trial court. Thereafter, in June 2017, in our initial opinion in this matter, we concluded that Proposition 57 did not apply to Walker's case and that the trial court's transfer of Walker's case from Adult Court to the Juvenile Court pursuant to the new law was erroneous. (People v. Superior Court (Walker) (2017) 12 Cal.App.5th 687, 690 (Walker).) Accordingly, we granted the People's writ petition and directed the trial court to vacate its order transferring Walker's case from Adult Court to Juvenile Court. (Ibid.)
The Supreme Court granted Walker's petition for review and deferred further action in the matter pending its consideration and disposition of a related issue in People v. Superior Court (Lara), S241231 and People v. Cervantes, S241323. (Walker, supra, 12 Cal.App.5th 687, review granted Sept. 13, 2017, S243072.) The Supreme Court subsequently transferred the case back to this court with directions to vacate our earlier decision and to reconsider the cause in light of People v. Superior Court (Lara) (2018) 4 Cal.5th 299 (Lara). (Walker, S243072 transferred with directions Feb. 28, 2018.) Accordingly, pursuant to the Supreme Court's direction, we vacate our prior opinion in this matter and reconsider the cause in light of Lara.
We have solicited briefing from the parties with respect to the impact Lara has on the issues in this case. The parties complied with our request and have submitted supplemental letter briefs. In their letter brief, the People state in relevant part:
"Because [Walker's] judgment was not final at the time Proposition 57 was enacted, Lara requires he have the benefit of a transfer hearing prior to being tried in adult court. This Court is bound by Lara. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455.)
"For the foregoing reasons, [the People] respectfully concede[ ] that, under Lara, [Walker] is entitled to a transfer hearing within the spirit of Proposition 57. Accordingly, this Court should deny the petition for writ of mandate/prohibition and vacate the stay issued on December 22, 2016."
Upon review of Lara and the parties' letter briefs, we agree with the People's forthright concession.
The petition for writ of mandate/prohibition is denied. The stay issued on December 22, 2016 is vacated.
AARON, J. WE CONCUR: NARES, Acting P. J. O'ROURKE, J.