Davis

We granted review in this case to consider (1) whether for a prior juvenile adjudication to qualify as a “strike,” the juvenile court must have expressly found the juvenile “to be a fit and proper subject to be dealt with under the juvenile court law” (Pen. Code, 1 § 667, subd. (d)(3)(C)), and (2) whether a prior juvenile adjudication for residential burglary qualifies as a “strike” (§ 667, subd. (d)(3)). We conclude that no express finding of fitness is required, and that under the circumstances of this case we need not reach the issue of whether a prior juvenile adjudication for residential burglary qualifies as a “strike.” Accordingly, we affirm the judgment of the Court of Appeal.

I. Facts and Procedural Background

By information filed on June 8, 1994, the Contra Costa County District Attorney charged defendant Robert Vonroski Davis (defendant) with one count of murder (§ 187), and one count of attempted murder (§§ 187, 664) with allegations as to both counts that he personally used a handgun (§ 12022.5, subd. (a)). In addition, three prior convictions were alleged under section 667, subdivisions (b)-(i) (the legislative version of the three strikes law): a 1990…

I dissent.

Defendant was charged by information in the superior court with murder and attempted murder. For enhancement of sentence, he was alleged to have personally used a firearm in each. For the same purpose, under the legislative version of the so-called “Three Strikes” law (Stats. 1994, ch. 12, §§ 1-2), which is codified in Penal Code section 667, subdivisions (b) to (i) (hereafter sometimes section 667(b) to (i)), 1 he was alleged to have suffered the following “strikes”: (1) a prior juvenile adjudication, under section 667(d)(3), for assault; (2) a prior juvenile adjudication, also under section 667(d)(3), for residential burglary; and (3) a prior felony conviction, under section 667(d)(1), for robbery. Defendant moved to dismiss both of the prior juvenile adjudication allegations. The superior court granted the motion and entered an order accordingly. In its judgment on appeal, the Court of Appeal affirmed as to residential burglary, but reversed as to assault.

The majority now proceed to affirm the Court of Appeal’s judgment, specifically, its reversal of the superior court’s order dismissing the prior juvenile adjudication allegation as to assault.

As I shall…

The “Three Strikes” law (Pen. Code, § 667, subds. (b)-(i)) 1 provides that a juvenile adjudication is a “strike” only if, during the proceedings leading to the adjudication, the juvenile “was found to be a fit and proper subject to be dealt with under the juvenile court law.” (§ 667, subd. (d)(3)(C).) Such a finding is made at a hearing under Welfare and Institutions Code section 707, when the juvenile court, in considering a request by the prosecutor that the juvenile be tried as an adult, determines that the juvenile is “a fit and proper subject to be dealt with under the juvenile court law.” (Welf. & Inst. Code, § 707, subd. (c).) Thus, in my view, a juvenile adjudication is not a “strike” unless, during the proceedings leading to the adjudication, the court made a finding of “fitness” under section 707 of the Welfare and Institutions Code.

In this case, the prosecution alleged two prior juvenile adjudications as “strikes.” Neither of these adjudications resulted from proceedings in which the prosecutor asked that the minor be tried as an adult; thus, in neither proceeding did the juvenile court find that the minor was “a fit and proper subject to be dealt with under the…

We granted review in this case to consider (1) whether for a prior juvenile adjudication to qualify as a "strike," the juvenile court must have expressly found the juvenile "to be a fit and proper subject to be dealt with under the juvenile court law" (Pen. Code, [1] § 667, subd. (d)(3)(C)), and (2) whether a prior juvenile adjudication for residential burglary qualifies as a "strike" (§ 667, subd. (d)(3)). We conclude that no express finding of fitness is required, and that under the circumstances of this case we need not reach the issue of whether a prior juvenile adjudication for residential burglary qualifies as a "strike." Accordingly, we affirm the judgment of the Court of Appeal.

By information filed on June 8, 1994, the Contra Costa County District Attorney charged defendant Robert Vonroski Davis (defendant) with one count of murder (§ 187), and one count of attempted murder (§§ 187, 664) with allegations as to both counts that he personally used a handgun (§ 12022.5, subd. (a)). In addition, three prior convictions were alleged under section 667, subdivisions (b)-(i) (the legislative version of the three strikes law): a 1990 juvenile adjudication of…