Barboza

People v. Barboza

Good Law
21 Cal. App. 5th 1315·231 Cal. Rptr. 3d 214
Court of Appeal of CaliforniaMarch 14, 2018A150888California988 words

Opinion

lead Opinion

Dondero, J.

*1317 INTRODUCTION

Defendant Barboza argues his robbery conviction should be reversed and remanded to juvenile court pursuant to Proposition 57, which abolished the direct filing of criminal charges against juveniles in adult criminal court. Our Supreme Court's recent decision in People v. Superior Court (Lara) (2018) 4 Cal.5th 299 , 228 Cal.Rptr.3d 394 , 410 P.3d 22 ( Lara ) vindicates defendant's position that Proposition 57 is retroactive. However, defendant does not benefit from Lara because the judgment in his case is final.

STATEMENT OF THE CASE

On November 29, 2011, the San Francisco District Attorney filed a multi-count information in superior court charging Barboza with various felonies and enhancement allegations. On July 1, 2016, pursuant to a negotiated disposition, Barboza pleaded guilty to one count of robbery ( Pen. Code, § 211 ) and admitted an armed-with-a-firearm allegation ( Pen. Code, § 12022, subd. (a)(1) ). The remaining counts and enhancement allegations *1318 were dismissed by the court on the prosecution's motion. The information, filed directly in adult court, alleged that at the time of the commission of the offense, defendant was a minor 16 years of…

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