People v. Superior Court

• Decision Date: 25 November 2003
• Docket Number: No. H025406.,No. H025569.,No. H025513.,No. H025428.,H025406.,H025428.,H025513.,H025569.
• Citation: People v. Superior Court, 113 Cal. App. 4th 817, 7 Cal. Rptr. 3d 74 (Cal. App. 2003)
• Court: California Court of Appeals
• Parties: The PEOPLE of the State of California, Petitioner, v. The SUPERIOR COURT of Santa Clara, Respondent, Dalon Tariq Andrades, Real Party in Interest. The People of the State of California, Petitioner, v. The Superior Court of Santa Clara, Respondent, Dalon Tariq Andrades, Real Party in Interest. The People of the State of California, Petitioner, v. The Superior Court of Santa Clara, Respondent, Charles Edward Beavers, Real Party in Interest. The People of the State of California, Petitioner, v. The Superior Court of Santa Clara, Respondent, Patrick Fisher, Real Party in Interest.

7 Cal.Rptr.3d 74

113 Cal.App.4th 817

The PEOPLE of the State of California, Petitioner, v. The SUPERIOR COURT of Santa Clara, Respondent, Dalon Tariq Andrades, Real Party in Interest.

The People of the State of California, Petitioner, v. The Superior Court of Santa Clara, Respondent, Dalon Tariq Andrades, Real Party in Interest.

The People of the State of California, Petitioner, v. The Superior Court of Santa Clara, Respondent, Charles Edward Beavers, Real Party in Interest.

The People of the State of California, Petitioner, v. The Superior Court of Santa Clara, Respondent, Patrick Fisher, Real Party in Interest.

No. H025406.

No. H025428.

No. H025513.

No. H025569.

Court of Appeal, Sixth District.

November 25, 2003.

Review denied March 3, 2004.

Certiorari Denied October 4, 2004.

See 125 S.Ct. 121.

George W. Kennedy, District Attorney, Joseph V. Thibodeaux, Supervising Deputy District Attorney, Neal J. Kimball, Deputy District Attorney, Attorneys for Petitioner: The People.

No appearance, attorneys for respondent: Superior Court.

Jose R. Villarreal, Public Defender, Barbara B. Fargo, Deputy Public Defender, Seth A Flagsberg, Deputy Public Defender, Dennis J. Dawson, Deputy Public Defender, Law Offices of the Public Defender, Attorneys for Real Parties in Interest: Dalon Tariq Andrades, Charles Edward Beavers, Patrick Fisher.

BAMATTRE-MANOUKIAN, J.

Each of these cases presents two issues. The first issue is whether a prior juvenile adjudication of robbery (Pen.Code, § 211)¹ constitutes a strike offense within the meaning of the Three Strikes law (§§ 667, subds.(b)-(i), 1170.12) in cases where the prior adjudication occurred before robbery was added to the list of offenses in Welfare and Institutions Code section 707, subdivision (b) by the passage of Proposition 21 on March 7, 2000, but the current offense was committed after that date. The second issue is whether any prior juvenile adjudication may constitutionally be used as a strike in light of the fact that there is no right to a jury trial in juvenile proceedings.

In each case, the trial court determined that the defendants' prior juvenile adjudications for robbery did not qualify as strikes because robbery was not included in the list of offenses in Welfare and Institutions Code section 707, subdivision (b) at the time of the defendant's prior juvenile adjudication. The trial courts therefore dismissed the strike allegations on that basis and did not reach the second issue, whether the use of a prior juvenile adjudication as a strike is constitutional.

We conclude that a prior juvenile adjudication of robbery does constitute a strike in cases where the current offense was committed after the passage of Proposition 21. We further conclude that a prior juvenile adjudication may constitutionally be used as a strike even though there is no right to a jury trial in juvenile proceedings. We will therefore grant the People's petitions for writs of mandate, with the exception of case No. H025406 (Andrades), which we will deny as moot in light of our issuance of a peremptory writ of mandate in case No. H025428 (Andrades).

I. BACKGROUND

The facts underlying the charged and prior offenses of each case are not relevant to the issues presented by the instant writ petitions. We briefly summarize the procedural history of each case.

A. Case Nos. H025406 and H025428 (Andrades)

Defendant and real party in interest Dalon Tariz Andrades was charged, by indictment, with attempted murder (§§ 664, subd. (a), 187), assault with a deadly weapon (§ 245, subd. (a)(1)) and possession for sale of cocaine base (Health & Saf.Code, § 11351.5). These offenses were alleged to have occurred on November 18, 2000, October 20, 2000, and December 11, 2000, respectively. The indictment alleged that Andrades had suffered a prior juvenile adjudication for robbery (§ 211), which qualified as a "strike."²

On June 4, 2002, Andrades pled guilty to possession for sale of cocaine base. On November 1, 2002, the trial court dismissed the allegation that Andrades had suffered a prior strike, finding that his prior juvenile adjudication of robbery was not a "strike" under section 667, subdivision (d)(3), because robbery was not listed in Welfare and Institutions Code section 707, subdivision (b) at the time of the prior juvenile adjudication.

On December 17, 2002, the People filed a notice of appeal, and on January 6, 2003, the People filed their first petition for writ of mandate (case No. H025406). At sentencing on January 7, 2003, the trial court placed Andrades on probation for two years with one year in county jail. The following day, January 8, 2003, the People filed a second petition for writ of mandate (case No. H025428).

B. Case No. H025513 (Beavers)

Defendant and real party in interest Charles Edward Beavers was charged, by information, with transportation or sale of cocaine base (Health & Saf.Code § 11352, subd. (a)). That offense was alleged to have occurred on or about May 19, 2002. The information alleged that Beavers' prior juvenile adjudication for robbery qualified as a "strike."

On September 25, 2002, Beavers pled guilty to transportation or sale of cocaine base. On the same date, the trial court dismissed the allegation that Beavers had suffered a prior strike, finding that his prior juvenile adjudication of robbery was not a "strike" under section 667, subdivision (d)(3), because robbery was not listed in Welfare and Institutions Code section 707, subdivision (b) at the time of the prior juvenile adjudication.³

At sentencing on December 6, 2002, the trial court denied the People's request for reconsideration of its ruling and imposed a three-year prison term. On January 15, 2003, the People filed a notice of appeal, and on January 27, 2003, the People filed a petition for writ of mandate.

C. Case No. H025569 (Fisher)

Defendant and Real Party in Interest Patrick Fisher was charged, by information, with assault with a deadly weapon (§ 245, subd. (a)(1)), attempting to dissuade a witness (§ 136.1, subd. (b)(1)), criminal threats (§ 422), exhibiting a deadly weapon (§ 417, subd. (a)(1)) felony vandalism (§ 594, subds.(a) & (b)(1)), and driving under the influence of alcohol. These offenses were alleged to have occurred on or about May 13 and 14, 2002. The information alleged that Fisher's prior juvenile adjudication for robbery qualified as a "strike."

On November 14, 2002, Fisher pled guilty to assault with a deadly weapon, exhibiting a deadly weapon, and felony vandalism. On December 18, 2002, the trial court found true the allegation that Fisher "did suffer a prior conviction within the provisions of the strike law," but dismissed the allegation "as a matter of law," finding that Fisher's prior juvenile adjudication for robbery "does not legally qualify under the three-strikes law."

A sentencing hearing was set for January 21, 2003, but the materials submitted in support of the petition for writ of mandate do not indicate what happened at that hearing. The People filed a notice of appeal on January 23, 2003, and on February 10, 2003, the People filed a petition for writ of mandate.

D. Orders to Show Cause and Stays

By an order issued on April 7, 2003, we agreed to consider the four writ petitions together for purposes of oral argument and decision and issued orders to show cause in each case. On that same date, we issued stays in the related appeals: People v. Andrades, H025437; People v. Beavers, H025488; and People v. Fisher, H025563.

II. DISCUSSION

A. Availability of Writ Relief

The People contend that writ relief is available because section 1238 may not provide them with an appellate remedy. The People cite People v. Samples (2002) 104 Cal.App.4th 76, 128 Cal.Rptr.2d 1, where the appellate court held that the People have no right to appeal from an order finding a prior conviction allegation not true. Review was granted in Samples on February 25, 2003 (S112201). Defendants do not contend that writ relief is unavailable.

B. Juvenile Adjudications for Robbery

1. Welfare and Institutions Code section 707, subdivision (b)

In general, a minor who commits a criminal offense is presumed fit for treatment under the juvenile court law. (Welf. & Inst.Code, § 707, subd. (a); see Manduley v. Superior Court (2002) 27 Cal.4th 537, 548, 117 Cal.Rptr.2d 168, 41 P.3d 3.) However, upon the motion of the prosecutor and after an investigation and report by a probation officer, the juvenile court may find that the minor would not be amenable to the care, treatment, and training program available through the facilities of the juvenile court. (§ 707, subd. (a)(1).)

The commission of an offense listed in Welfare and Institutions Code section 707, subdivision (b) by a juvenile aged 16 or over raises a presumption of unfitness for treatment under the juvenile court law. (See Welf. & Inst.Code, § 707, subd. (c).) The presumption of unfitness may be rebutted upon the juvenile court's "evaluation of each of the following criteria: [¶] (1) The degree of criminal sophistication exhibited by the minor. [¶] (2) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction. [¶] (3) The minor's previous delinquent history. [¶] (4) Success of previous attempts by the juvenile court to rehabilitate the minor. [¶] (5) The circumstances and gravity of the offenses alleged in the petition to have been committed by the minor." (welf. & insT.code, § 707, subd. (c).)

2. Proposition 21

At the March 7, 2000, Primary Election, California voters approved Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998, which became effective on March 8, 2000. Proposition 21 effected numerous changes in laws relating to criminal street gangs and the procedures relating to juvenile offenders. Proposition 21 also enacted changes to the list of "violent" felonies in section 667.5, subdivision (c), the list of "serious" felonies in section 1192.7,...