People v. Superior Court of Riverside Cnty.
Opinion
Lead Opinion
Aaron, J.
*690 I.
INTRODUCTION
On November 8, 2016, the voters passed Proposition 57, 1 and the new law became effective the following day. As relevant to this writ proceeding, Proposition 57 eliminated the People's ability to directly file criminal charges against a juvenile defendant 2 in a court of criminal jurisdiction (Adult Court). We must determine whether Proposition 57 applies to a pending case that the People directly filed in Adult Court against real party in interest, Jeremy Walker, several years prior to the effective date of the new law. We conclude that Proposition 57 does not apply to Walker's case and that the trial court's transfer of Walker's case from Adult Court to the juvenile court (Juvenile Court) pursuant to the new law was erroneous. 3 Accordingly, we grant the People's writ petition and direct the trial court to vacate its order transferring Walker's case from Adult Court to Juvenile Court.
*691 II.
PROCEDURAL BACKGROUND
In February 2012, the People filed a complaint against Walker in Adult Court, alleging two counts of attempted premeditated murder ( Pen. Code, §§ 664, 187, subd. (a) ) and one count of active participation in a gang ( Pen. Code, § 186.22,…