Thomas

The issue on appeal is whether a court has discretion to order a juvenile disposition after a 15-year-old minor with no known prior criminal history pleads guilty to second degree robbery and admits personal firearm use on a "discretionary direct file" for which Proposition 21 authorizes, but does not mandate, a criminal trial instead of a juvenile hearing. [1] The minor, Alonza Rydell Thomas, Jr., entered a store with a firearm and demanded money. After the firearm discharged in a struggle for control of the weapon, harming no one, store clerks subdued him. The prosecutor charged him with, inter alia, second degree robbery with personal firearm use. (Pen.Code, §§ 211, 212.5, subd. (c), 12022.5, subd. (a), 12022.53, subd. (b).) At age 16, he pled guilty to second degree robbery, admitted the personal firearm use allegation, and made a motion for a juvenile disposition. (Pen.Code, §§ 211, 212.5, subd. (c), 12022.53, subd. (b).) After the prosecutor opposed, and the court denied, his motion, the court imposed a state prison sentence.

Before adjudicating the issue on appeal, we must address three foundational questions: Is Proposition 21 constitutional? Does the statutory…