C.S.

C.S. v. Superior Court of Santa Clara Cnty.

Good Law
241 Cal. Rptr. 3d 241·29 Cal. App. 5th 1009
Court of Appeal of CaliforniaDecember 6, 2018H045665California11,697 words

Opinion

Lead Opinion

Bamattremanoukian, J.

I. INTRODUCTION

*1014 Petitioner C.S. was 15 years old when he participated in a gang assault on April 27, 2012, that resulted in the death of the 14-year-old victim. As permitted by the versions of Welfare and Institutions Code sections 602 and 707 1 that were then in effect, the district attorney charged C.S. in a court of criminal jurisdiction, 2 rather than in juvenile court, with murder ( Pen. Code, § 187 ), assault by means of force likely to produce great bodily injury ( id. , § 245, subd. (a)(4) ), and active participation in a street gang ( id. , § 186.22, subd. (a) ). The district attorney also alleged that C.S. committed the murder and assault for the benefit of a criminal street gang ( id. , *244 § 186.22, subd. (b) ) and alleged a gang special circumstance ( id. , § 190.2, subd. (a)(22) ). In August 2016, a jury convicted C.S. of the charged offenses and found true the special allegations.

On November 8, 2016, before C.S.'s sentencing hearing, the Public Safety and Rehabilitation Act of 2016 (Proposition 57) was passed. ( People v. Superior Court (Lara ) (2018) 4 Cal.5th 299 , 303-304, 228 Cal.Rptr.3d 394 , 410 P.3d 22 ( Lara ).) The legislation took effect the next…

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