Santos

While I concur with the majority opinion, which responds in depth to the many arguments put forth by appellants, the simple but crucial question is whether the language of “Marsy’s Law” (Prop. 9, the Victim’s Bill of Rights Act of 2008, adopted by voter initiative effective Nov. 5, 2008; Cal. Const., art. I, § 28) is broad enough to encompass the exercise of a governor’s clemency authority. It is not. And no amount of lexicological alchemy, no matter how well intentioned, permits the language to be stretched, manipulated, and tortured to reach what to some would be a “correct” result.

Marsy’s Law applies to “proceedings” and to the “parole process.” Parole is not clemency. Clemency is not a proceeding but an act of grace by a *431 governor. While a governor may choose to constrain his or her authority to act by developing procedures for the exercise of clemency, including applications, notices, hearings, and the various accoutrement of administrative proceedings, there is no statutory or constitutional obligation to conduct a “proceeding” of any sort. And even assuming a governor developed such a proceeding, and this Governor did not, it would make no sense to impose Marsy’s Law…

Concurring.—I concur with the majority opinion and the concurring opinion of Administrative Presiding Justice Raye. I write separately to note the following.

“Marsy’s Law” provides that victims have the right “[t]o reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding ... the charges filed.” (Cal. Const., art. I, § 28, subd. (b)(6).) At oral argument, the Attorney General suggested that the prosecutor’s exercise of discretion in determining what charges to file is not a “proceeding.” I agree. Nor is the act of filing charges a “proceeding.” The inclusion of the right to confer with the prosecutor about the charges filed indicates the electorate’s intent to include in Marsy’s Law a criminal justice system decisionmaking process that is not a “proceeding.”

Plaintiffs contend that the process of arriving at a decision to grant clemency which the governor conducts in a private setting within the confines of his or her office is a “proceeding.” I disagree. I further disagree that the electorate somehow believed that decisionmaking process to be a “proceeding” within the meaning of Marsy’s Law. Even if we construe the word “proceeding”…

Filed 6/2/15 Santos v. Brown CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COPY

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

FREDERICO SANTOS et al., C072785

Plaintiffs and Appellants, (Super. Ct. No. 34201100095413) v.

EDMUND G. BROWN, JR., AS GOVERNOR, ETC.,

et al.

Defendants and Respondents.

Esteban Nunez--the son of Fabian Nunez, the former Speaker of the California State Assembly--aided in the killing of Luis Santos, the only son of Frederico and Kathy Santos, during a knife attack on October 4, 2008. The attack, initiated by Esteban Nunez and his acquaintances on Santos and on other young men, none of whom were armed, took place near the campus of San Diego State University. Among other acts of violence, one of Esteban Nunez’s cohorts…

Esteban Nunez—the son of Fabian Nunez, the former Speaker of the California State Assembly—aided in the killing of Luis Santos, the only son of Frederico and Kathy Santos, during a knife attack on October 4, 2008. The attack, initiated by Esteban Nunez and his acquaintances on Santos and on other young men, none of whom were armed, took place near the campus of San Diego State University. Among other acts of violence, one of Esteban Nunez’s cohorts stabbed Luis Santos in the chest severing an artery in his heart after which Luis Santos almost immediately bled to death. During the fight Esteban Nunez stabbed another young man in the abdomen and in the back and stabbed a third young man in the shoulder. We set forth the facts surrounding the knife attack by Esteban Nunez and the others in more detail in a moment.

Esteban Nunez was subsequently charged with the murder of Luis Santos and assault with a deadly weapon as to each of the two men he personally stabbed, among other offenses.

Pursuant to a plea agreement entered into on the eve of trial, Esteban Nunez pleaded guilty to voluntary manslaughter in the death of Luis Santos and pleaded guilty to two counts of assault…