Senate Bill No. 1391 was inconsistent with Proposition 57 as a matter of law because it prohibited what Proposition 57 authorized, so petitioner may be prosecuted in adult court.
Court
California Courts of Appeal 2DCA/6Cite as
2019 DJDAR 9981Published
Oct. 23, 2019Filing Date
Oct. 22, 2019Opinion Type
ModificationDisposition Type
Petition DeniedO.G.,
Petitioner,
v.
THE SUPERIOR COURT OF VENTURA COUNTY,
Respondent;
THE PEOPLE,
Real Party in Interest.
2d Crim. No. B295555
(Super. Ct. No. 2018017144
(Ventura County)
California Courts of Appeal
Second Appellate District
Division Six
Filed Oct. 22, 2019
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on September 30, 2019, be modified as follows:
1. On page 2, second paragraph, delete the first full sentence beginning with: "The trial court approved the district attorney's request" and replace with: "The trial court, over O.G.'s objection, granted the district attorney's motion to refer the case to the probation department for a transfer report to address O.G.'s suitability for juvenile court treatment and/or transfer to adult court for prosecution. (See former Welf. & Inst. Code, § 707, subd. (a)(1).)"
No change in judgment.
YEGAN, J.
GILBERT, P. J.
PERREN, J.
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Related Content
Criminal
New bill would raise juvenile criminal coverage to age 20
By Malcolm Maclachlan
