People v. Superior Court

• Decision Date: 19 June 2019
• Docket Number: C088736,C088735
• Citation: 248 Cal.Rptr.3d 555,36 Cal.App.5th 529
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Petitioner, v. The SUPERIOR COURT of Sacramento County, Respondent; K. L., Real Party in Interest. The People, Petitioner, v. The Superior Court of Sacramento County, Respondent; R. Z., Real Party in Interest.

36 Cal.App.5th 529

248 Cal.Rptr.3d 555

The PEOPLE, Petitioner,

v.The SUPERIOR COURT of Sacramento County, Respondent;

K. L., Real Party in Interest.

The People, Petitioner,

v.The Superior Court of Sacramento County, Respondent;

R. Z., Real Party in Interest.

C088735

C088736

Court of Appeal, Third District, California.

Filed June 19, 2019

Anne Marie Schubert, District Attorney, Morgan Gire, Supervising Deputy District Attorney, Alissa Kubochi, Deputy District Attorney, for Petitioner.

Xavier Becerra, Attorney General, Thomas S. Patterson, Senior Assistant Attorney General, Tamar Pachter, Supervising Deputy Attorney General, Nelson R. Richards, Deputy Attorney General, for the People of the State of California as an interested party.

No appearance for Respondent

Paul R. Irish, under appointment by the trial court, for Real Party in Interest K. L.

Steven M. Garrett, Public Defender, Sacramento, Mark K. Slaughter, Supervising Assistant Public Defender and Noel Calvillo, Assistant Public Defender, for Real Party in Interest R. Z.

Robie, Acting P.J.

This case presents a narrow question for determination: is Senate Bill No. 1391 (Stats. 2018, ch. 1012, § 1) (S.B. 1391) void as an unconstitutional amendment to Welfare and Institutions Code¹ section 707 as modified by the Public Safety and Rehabilitation Act of 2016 (Proposition 57)? Petitioner, the People of the State of California,² filed two petitions for writ of mandate with this court seeking relief from separate orders by respondent Superior Court of Sacramento County refusing to transfer real parties in interest R. Z. and K. L. from juvenile to criminal court for purposes of criminal prosecution based on section 707 as modified by legislative enactment of S.B. 1391. Specifically, petitioner argues S.B. 1391's bar on the transfer of minors under the age of 16 for criminal prosecution as adults is unconstitutional because it does not further the intent and purpose of Proposition 57. We disagree and will deny the petitions.

BACKGROUND

The underlying conduct that brings the minor real parties in interest within the jurisdiction of either the juvenile court or the criminal court is not relevant to resolution of the narrow legal issue before us. Accordingly, we limit our factual and procedural recitation to those matters pertinent to our inquiry.

In early 2016, petitioner charged minor K. L., who was 15 years old at the time of the alleged conduct, by felony criminal complaint of murder, attempted murder, and shooting into an occupied vehicle, with additional allegations that K. L. personally discharged a firearm causing death and great bodily injury and that he committed the crimes for the benefit of, at the direction of, or in association with a criminal street gang. In 2017, following the passage of Proposition 57 by the electorate, the trial court suspended criminal proceedings and certified K. L. to juvenile court for a transfer hearing. Thereafter, in October 2018, the trial court found K. L. unfit for juvenile court and granted petitioner's motion to transfer K. L. to criminal court. However, the trial court stayed that transfer order until January 2019 to determine the applicability and constitutionality of a new legislative enactment -- S.B. 1391.

Over petitioner's opposition, on January 10, 2019, the trial court dismissed the motion to transfer K. L. to criminal court, vacated its prior order transferring the minor, and sent the matter to juvenile court.

In late 2017, minor R. Z., who was 15 years old at the time of the alleged conduct, was arraigned on a juvenile petition alleging that he came within the jurisdiction of the juvenile court because he committed murder and personally discharged a firearm causing great bodily injury or death in the commission of the homicide. In December 2018, the trial court found R. Z. unfit for juvenile court and granted petitioner's motion transferring R. Z. to criminal court. However, the trial court stayed execution of that order until January 2019 so that it could determine the effect of S.B. 1391 on its order transferring the minor. Over petitioner's opposition, on January 10, 2019, the trial court dismissed the motion to transfer R. Z. to criminal court, vacated its prior order transferring the minor, and sent the matter to juvenile court.

On January 28, 2019, petitioner filed petitions for writ of mandate with this court challenging the trial court's orders directing the proceedings relative to the conduct of K. L. and R. Z. to be conducted in juvenile court. On January 31, 2019, to prevent the attachment of jeopardy prior to resolution of the issue raised by the petitions for writ of mandate (see Gonzalez v. Municipal Court (1973) 32 Cal.App.3d 706, 713-714, 108 Cal.Rptr. 612 ), we stayed the juvenile court proceedings pending our decision on the petitions for writ of mandate. To resolve an issue of statewide importance, we thereafter issued orders to show cause in both matters.

DISCUSSION

Petitioner challenges the constitutionality of S.B. 1391 on the basis that barring criminal prosecution of 14- or 15-year-old minors does not further the purpose and intent of Proposition 57.³ Specifically, petitioner argues that it was the intent of Proposition 57 to specifically authorize criminal prosecution of 14- and 15-year-old minors charged with serious offenses, but to vest the decision whether to transfer the minors to criminal court with a judge instead of a prosecutor. We are not persuaded.

IDictates Of Our Statutory Review

As petitioner's argument asserts that S.B. 1391 is an improper amendment of a voter-approved initiative, we must first clarify when an initiative may be amended by legislative enactment. "The Legislature ... may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors' approval." ( Cal. Const. Art. II, § 10, subd. (c).) Proposition 57 authorizes legislative amendment of its provisions that amended section 707, "so long as such amendments are consistent with and further the intent of this act by a statute that is passed by a majority vote of the members of each house of the Legislature and signed by the Governor." (2016 Voter Guide, § 5, p. 145.) The limited question before us is whether S.B. 1391 is "consistent with and further[s] the intent of" Proposition 57.

In this context, "[w]e ‘start[ ] with the presumption that the Legislature acted within its authority’ and uphold the validity of the legislative amendment ‘if, by any reasonable construction, it can be said that the statute furthers the purposes’ of the initiative." ( People v. DeLeon (2017) 3 Cal.5th 640, 651, 220 Cal.Rptr.3d 784, 399 P.3d 13 ; see also Gardner v. Schwarzenegger (2009) 178 Cal.App.4th 1366, 1374, 101 Cal.Rptr.3d 229 ; Foundation for Taxpayer & Consumer Rights v. Garamendi (2005) 132 Cal.App.4th 1354, 1365, 34 Cal.Rptr.3d 354 ["We presume the constitutionality of a legislative act, resolving all doubts in favor of the act, and must uphold the act unless a conflict with a provision of the state or federal Constitution is clear and unquestionable"].) "In identifying the purposes of an initiative, we examine the initiative as a whole, and are guided by, but not limited to, its general statements of purpose. [Citation.] We must give effect to an initiative's specific language, as well as its major and fundamental purposes." ( Gardner , at p. 1374, 101 Cal.Rptr.3d 229.) The limitations on legislative amendment are "strictly construed and may not be given effect as against the general power of the legislature, ‘ " ‘unless such limitations clearly inhibit the act in question. ’ " ’ " ( Foundation , at p. 1365, 34 Cal.Rptr.3d 354 ; see also Amwest Surety Ins. Co. v. Wilson (1995) 11 Cal.4th 1243, 1255-1256, 48 Cal.Rptr.2d 12, 906 P.2d 1112.) And, as is true of all statutory interpretation, we begin first with the language of the statute, giving its words ordinary meaning, and construing it within the context of the statute and overall statutory scheme as a whole. ( Robert L. v. Superior Court (2003) 30 Cal.4th 894, 900-901, 135 Cal.Rptr.2d 30, 69 P.3d 951.) If the language is ambiguous, we refer to other " ‘ "indicia" ’ " of voter intent, such as the Official Voter Information Guide. ( Ibid. ) We may also be guided by the general description of the initiative's purpose offered by its proponents.⁴ ( Proposition 103 Enforcement Project v. Quackenbush (1998) 64 Cal.App.4th 1473, 1490-1491, 76 Cal.Rptr.2d 342.)

IIA Brief Statutory History

For more than a century, California courts have recognized that proceedings for juveniles charged with crimes are different than for adults accused of crimes. (See Ex Parte Ah Peen (1876) 51 Cal. 280, 281 [explaining the purposes of a proceeding against a 16 year old is "not punishment for offenses done, but reformation and training ... with a view to his future usefulness when he shall have been reclaimed to society, or shall have attained his majority"].) This distinction was incorporated in California's first statutory approach to juvenile law. (See Stats. 1903, ch. 43, §§ 1, 7-8, pp. 44, 46-47 [authorizing placement of child alleged to be delinquent in own home under supervision of probation officer, in state reform school, with some association, society, or corporation, or in a family home, who will care for the child].) It was further encapsulated in the 1961 statutory overhaul to juvenile law, which initiated the now-familiar best interest of the child standard, with a goal of promoting "care and guidance ... as will serve the spiritual, emotional, mental, and physical welfare of the minor and the best interests of the State." (Stats. 1961, ch. 1616, § 502, p. 3460.) With this legislative intent in mind, we turn to a review of the procedural requirements for criminal prosecution of minors.

" ‘Historically, a child could be tried in criminal court only after a judicial...