Chacon

The issue on appeal is whether a court has discretion to order a juvenile disposition after a jury finds a 17-year-old minor with no known prior criminal history guilty of assault by means of force likely to produce great bodily injury (assault by means) on a "discretionary direct file" for which Proposition 21 authorizes, but does not mandate, a criminal trial instead of a juvenile hearing. [1] (Pen.Code, § 245, subd. (a)(1).) The minor, Matthew Chacon, objected to the discretionary direct file charging him with, inter alia, assault by means. After the prosecutor opposed, and the court overruled, his objections, the court imposed a state prison sentence.

Before adjudicating the issue on appeal, we must address two foundational questions: Is Proposition 21 constitutional? Does the statutory requirement that a prosecutor consent before a court can order a juvenile disposition on a discretionary direct file violate the state Constitution's separation of powers doctrine? [2] We will answer both questions in the affirmative.

On the facts and law here, we will hold that a court has express statutory discretion to order a juvenile disposition other than a Youth Authority…