People v. Barboza

In 2011, Barboza was charged with various felonies and enhancement allegations. In 2016, Barboza pleaded guilty to robbery and admitted an armed-with-a-firearm allegation (Pen. Code 12022(a)(1)). The remaining counts and enhancement allegations were dismissed. The information, filed directly in adult court, alleged that at the time of the offense, Barboza was a minor 16 years of age or older, under Welfare and Institutions Code former 707(d)(1).) The court imposed a six-year prison sentence, suspended execution of that sentence, and placed him on formal probation for five years. Barboza did not appeal. Several weeks later, the voters approved Proposition 57, which repealed section 707(d) and requires “a judge, not a prosecutor, to decide whether juveniles should be tried in adult court,” Public Safety and Rehabilitation Act of 2016, 707(a)(1).) Barboza unsuccessfully moved to have his case remanded to the juvenile court. The court of appeal affirmed. While the California Supreme Court has recently held that Proposition 57 is retroactive, that holding does not benefit Barboza because the judgment in his case is final. When a trial court imposes a state prison sentence and suspends execution of that sentence during a probationary period, the judgment rendered is a final judgment for the purposes of appeal. View "People v. Barboza" on Justia Law