California v. Pineda

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A jury found defendant Armando Pineda, Jr. guilty of second degree murder for shooting the patriarch of a neighboring family, Rogelio Islas (Rogelio). Defendant was 17 years old at the time of the crime, and the district attorney directly filed the charge against him in a court of criminal jurisdiction, rather than a juvenile court. Owing to that filing and the subsequent repeal of “direct file” procedures effected by Section 4 of the Public Safety and Rehabilitation Act of 2016 (Proposition 57), the issue presented for the Court of Appeal was an issue still pending on the California Supreme Court‘s docket: whether the changes worked by Section 4 applied to defendant because his conviction was not yet final. In the unpublished portion of its opinion, the Court also considered defendant‘s additional arguments on appeal: (1) that the trial court abused its discretion by denying his motion to continue the trial; (2) the court should have instructed the jury on third party flight as consciousness of guilt (both defendant and his father fled the scene of the crime, and the defense at trial was that the father was the shooter); and (3) the court should have given defendant‘s proposed pinpoint instruction on provocation as relevant to voluntary manslaughter. The judgment was conditionally reversed and remanded for the juvenile court to conduct a fitness hearing under Welfare and Institutions Code section 707. If, after a fitness hearing, the juvenile court determined that it would have transferred defendant to a court of criminal jurisdiction, the judgment of conviction would be reinstated as of the date of that determination. If no motion for a fitness hearing is filed, or if a fitness hearing is held and the juvenile court determined that it would not have transferred defendant to a court of criminal jurisdiction, defendant‘s criminal conviction, including the true findings on the alleged enhancements, would be deemed to be juvenile adjudications as of the date of the juvenile court‘s determination. In the event the conviction was deemed a juvenile adjudication, the juvenile court was ordered to conduct a dispositional hearing and impose an appropriate disposition within the court‘s discretion. View "California v. Pineda" on Justia Law