Error and/or relief
The matter was remanded back to this course following an earlier appeal, for reconsideration in light of People v. Franklin (2016) 63 Cal.4th 261. We once again affirmed the judgment, but remanded the matter to the trial court with instructions to determine whether petitioner was entitled to a Franklin hearing. Petitioner’s appeal was not final until 2017, after Proposition 57 went into effect on November 9, 2016. Thus, his sentence was nonfinal for purposes of Prop. 57’s application. As such, pursuant to Padilla, he is entitled to a transfer hearing
Holding:
Prop. 57 affords the right to a juvenile transfer hearing to all juveniles charged directly in adult court whose judgment was not final at the time it was enacted. Prop. 57 applies to a sentence that was imposed prior to Prop. 57 but later vacated through a subsequent habeas proceeding. Here, petitioner’s case was directly filed in adult court before Prop. 57 was enacted, but his sentence was vacated through a habeas corpus petition subsequent to the effective date. Thus, his sentence was nonfinal for purposes of Prop. 57’s application. As such, pursuant to Padilla, he is entitled to a transfer hearing. Respondent concedes this position. Thus, it is appropriate to grant the requested relief.
Authority:
People v. Superior Court of Riverside County (Lara) (2018) 4 Cal.5th 299, 304
People v. Padilla (2022) 13 Cal.5th 152, 159