People v. Hargis

Defendant, then a minor, was directly charged and tried as an adult. Defendant's convictions and sentence were affirmed on appeal, and the matter was remanded to the trial court for the limited purpose of permitting him to make a record of information relevant to his eventual youth offender parole hearing. After the appellate opinion was filed, but before remittitur issued, voters eliminated prosecutorial discretion to file charges against certain juvenile defendants directly in a court of criminal (adult) jurisdiction. Furthermore, after the remittitur issued and proceedings on remand took place, but while the appeal following those proceedings was pending, the Legislature gave trial courts discretion to strike firearm enhancements. The Court of Appeal held that, under the unique circumstances of this case, and in light of the California Supreme Court's conclusion that Proposition 57 applies to all juveniles whose cases were filed directly in adult court and whose convictions were not final at the time of its enactment, the trial court should have entertained and granted defendant's motion for a juvenile fitness/transfer hearing. The court also held that whether defendant may receive the benefit of Senate Bill No. 620 depends on the outcome of his juvenile fitness/transfer hearing. Accordingly, the court reversed and remanded for further proceedings. View "People v. Hargis" on Justia Law