Opinion
E079897
02-17-2023
In re I.C., a Person Coming Under the Juvenile Court Law. v. I.C., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,
Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Andrew S. Mestman and Arlene A. Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. SWJ2000376. Michele A. Mathis, Judge. Reversed.
Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Andrew S. Mestman and Arlene A. Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.
OPINION
FIELDS J.
INTRODUCTION
In August 2022, the juvenile court granted a motion to transfer defendant and appellant I.C. (minor) from juvenile court to a court of criminal jurisdiction. Minor argues we must remand the matter so the juvenile court can reconsider its ruling in light of recent ameliorative changes to Welfare and Institutions Code section 707. The People concede the matter must be reversed. We agree with the parties and reverse and remand.
All further statutory references will be to the Welfare and Institutions Code unless otherwise indicated.
Minor also argues the juvenile court's finding that he was not fit for juvenile treatment was not supported by substantial evidence. Because we reverse and remand the matter on another ground, we will not address this issue.
PROCEDURAL BACKGROUND
On August 12, 2020, the Riverside County District Attorney's Office filed a Welfare and Institutions Code section 602 petition alleging that minor committed the offenses of driving while under the influence causing bodily injury (Veh. Code, § 23153, subd. (g), counts 1 &2) and driving while under the influence with a prior conviction. (Veh. Code, §§ 23153, subd. (g) &23550.5, subd. (a), count 3). As to all counts, it was alleged that minor inflicted great bodily injury (GBI). (Pen. Code, § 12022.7, subd. (a).) On October 7, 2020, minor admitted he violated count 2 and the GBI enhancement. Counts 1 and 3 were dismissed on the People's motion. The court declared minor a ward of the court and committed him to juvenile hall for six to 12 days.
On November 30, 2020, a second Welfare and Institutions Code section 602 petition was filed alleging that minor committed the offenses of robbery (Pen. Code, § 211, counts 1 &3) and criminal threats (Pen. Code, § 422, count 2). As to all counts, it was alleged that minor personally used a deadly and dangerous weapon. (Pen. Code, §§ 12022, subd. (b)(1) &1192.7, subd. (c)(23).)
While that petition was pending, a third Welfare and Institutions Code section 602 petition was filed on January 8, 2021, alleging that minor committed the offenses of murder (Pen. Code, § 187, count 1) and felony assault with a semiautomatic weapon (Pen. Code, § 245, subd. (b), count 2). As to count 1, it was alleged minor committed the offense while in the commission of a robbery (Pen. Code, § 190.2, subd. (a)(17)(A)), and he personally and intentionally discharged a firearm (Pen. Code, §§ 12022.53, subd. (c) &1192.7, subd. (c)(8)). As to count 2, it was alleged that minor personally used a firearm. (Pen. Code, §§ 12022.5, subd. (a) &1192.7, subd. (c)(8).) That same day, the People filed a motion to transfer minor from the juvenile court to a court of criminal jurisdiction pursuant to Welfare and Institutions Code section 707, subdivision (a)(1).
On August 16, 2022, the court held a transfer hearing based upon stipulated facts and argument. The court found minor not suitable for juvenile court jurisdiction and ordered him transferred to adult criminal court.
In September 2022, the Governor signed Assembly Bill No. 2361 (2021-2022 Reg. Sess.) (Assembly Bill 2361).
Minor filed a notice of appeal on September 29, 2022.
DISCUSSION
Minor argues Assembly Bill 2361's amendments to section 707 are ameliorative and that he is entitled to have those changes apply to him retroactively. The People concede, and we agree.
Welfare and Institutions Code section 707 governs the procedures for transferring a minor from juvenile court to a court of criminal jurisdiction. Assembly Bill 2361 amended section 707, in part, to increase the prosecution's burden of proof and to require the juvenile court to state the reasons supporting its finding that minor is not amenable to treatment under the juvenile court's jurisdiction. Specifically, amended section 707, subdivision (a)(3) provides: "Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor should be transferred to a court of criminal jurisdiction. In order to find that the minor should be transferred to a court of criminal jurisdiction, the court shall find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court . In making its decision, the court shall consider the criteria specified in subparagraphs (A) to (E), inclusive. If the court orders a transfer of jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes, which shall include the reasons supporting the court's finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court." (Stats. 2022, ch. 330, § 1, italics added.) The italicized language did not appear in the previous version of the statute that was in effect at the time of minor's transfer hearing. These amendments went into effect on January 1, 2023. (Cal. Const., art. IV, § 8, subd. (c); Gov. Code, § 9600, subd. (a).)
In general, ameliorative criminal legislation applies to all nonfinal judgments. (See In re Estrada (1965) 63 Cal.2d 740 (Estrada).) In People v. Superior Court (Lara) (2018) 4 Cal.5th 299 (Lara), the California Supreme Court considered whether this general principle applied to Proposition 57, which prohibited prosecutors from charging juveniles with crimes directly in adult court and placed the burden of proof on prosecutors at transfer hearings. (Lara, at p. 303.) The court concluded that while "Estrada is not directly on point; . . . its rationale does apply." (Ibid.) The court reasoned that "[t]he possibility of being treated as a juvenile in juvenile court-where rehabilitation is the goal-rather than being tried and sentenced as an adult can result in dramatically different and more lenient treatment," and concluded, "[f]or this reason, Estrada's inference of retroactivity applies." (Ibid.)
Lara's reasoning governs here as well. Like Proposition 57, Assembly Bill 2361 raises the burden of proof for transferring a juvenile to adult criminal court, among other changes. Thus, Assembly Bill 2361, like Proposition 57, "reduces the possible punishment for a class of persons, namely juveniles." (Lara, supra, 4 Cal.5th at p. 303.)
"When new legislation reduces the punishment for an offense, we presume that the legislation applies to all cases not yet final as of the legislation's effective date." (People v. Esquivel (2021) 11 Cal.5th 671, 673; see Estrada, supra, 63 Cal.2d at p. 744.) "[F]or the purpose of determining retroactive application of an amendment to a criminal statute, a judgment is not final until the time for petitioning for a writ of certiorari in the United States Supreme Court has passed." (People v. Nasalga (1996) 12 Cal.4th 784, 789, fn. 5.) Because the judgment in this case is not yet final, we agree with the parties that minor is entitled to Assembly Bill 2361's ameliorative benefits. Accordingly, we reverse the juvenile court's order transferring this case to a court of criminal jurisdiction and remand so the juvenile court can hold another transfer hearing applying the heightened burden of proof required by Assembly Bill 2361.
DISPOSITION
We reverse the juvenile court's order transferring minor to a court of criminal jurisdiction and remand with directions to hold a new transfer hearing under section 707, as amended by Assembly Bill 2361.
We concur: MILLER Acting P. J., MENETREZ J.