Thomas

When a minor is charged with certain serious criminal offenses, the prosecutor can file the charges against the minor directly in the criminal division of the superior court (criminal court). (See Welf. & Inst. Code, §§ 602, subd. (b), 707, subd. (d).) If the minor is convicted, the criminal court has discretion under Penal Code section 1170.19, subdivision (a)(4), to “order a juvenile disposition under the juvenile court law, in lieu of a sentence under [the Penal] code”—but only if the prosecutor consents to that disposition.

We agree with the Court of Appeal that the prosecutorial consent provision is invalid because it violates California’s separation of powers doctrine (Cal. Const., art. III, § 3). But we further conclude that contrary to the Court of Appeal’s view, the trial court’s discretionary authority under Penal Code section 1170.19, subdivision (a), to commit a minor to the Youth Authority applies only when the minor meets the eligibility requirements of Welfare and Institutions Code section 1732.6. Because defendant here admitted committing robbery and personally using a firearm in the commission of that felony, his sentence, when added to his age, exceeds…