People v. Superior Court (Kim)

We are faced here with an interesting paradox. It is well established a capital offense is one which carries the maximum possible penalty of death. It is also well established a person under the age of 18 years cannot, by law, be punished with the death penalty. Petitioner asks us to hold that Kim—a minor—faces a capital offense because, although he cannot, by law, be punished with the death penalty, the offense with which he is charged carries that maximum penalty. Acknowledging the test for determining a capital offense is to focus on the maximum penalty, without regard to an individual defendant’s actual penalty, we grant the request. Accordingly, we hold Kim is not entitled to the setting of bail, and reverse the trial court’s order setting bail in his case.

Facts

Real party in interest, Kim Young Kim, was 16 at the time of the crime, found unfit to be treated as a juvenile, and was charged as an adult with mprder and a special circumstance allegation of lying in wait. The trial court conducted a bail hearing in which the transcript of the grand jury proceeding leading to the indictment in this case was read and considered. The court found “the facts are evident and…