Error and/or relief
The defendant was 16 years old when he committed attempted murder on two people, and he was convicted by plea as an adult in 2015. He subsequently petitioned under section 1172.6 for recall of his sentence in light of changes to the law on liability for murder and attempted murder by those who were not the direct perpetrators. He was resentenced to five years in prison.
On appeal, he contends correctly that the court should have conducted a transfer hearing in light of changes in the statute enacted through Proposition 57.
Holding:
In 2016, voters passed “The Public Safety and Rehabilitation Act of 2016” to obligate the People to criminally charge a minor in the juvenile court unless the juvenile court determines after a transfer hearing that the minor should be tried and sentenced as an adult.
This part of the act applies retroactively to nonfinal judgments. When a court vacates a criminal sentence after a successful petition for resentencing, it reacquires jurisdiction to reimpose punishment and the judgment reverts to being nonfinal for that purpose.
The parties agree that the defendant is entitled to a juvenile court transfer hearing, and for these reasons so do we.
But we emphasize: Whatever potential that hearing may have for reducing his punishment (the nonfinal part of his judgment), it does not authorize or constitute relitigation of guilt.
Authority:
People v. Superior Court (Lara) (2018) 4 Cal.5th 299, 303, 304, 305–307
People v. Padilla (2022) 13 Cal.5th 152, 158, 161-162, 167, 169-170