Ramirez

People v. Ramirez

Bad Law
246 Cal. Rptr. 3d 897·35 Cal. App. 5th 55
Court of Appeal of CaliforniaMay 8, 2019G056522California4,273 words

Opinion

Lead Opinion

Aronson, J.

A jury found defendants Luis Alberto Ramirez and Jose Roberto Armendariz committed two gang-related murders when they were juveniles. The trial court originally sentenced Ramirez to life without the possibility of parole, plus 65 years to life, and it sentenced Armendariz to 90 years to life. A lengthy appeals process ensued. Eventually, this court reversed the sentences and remanded the matter to the trial court for resentencing. (See People v.

*900 Ramirez (Aug. 27, 2014, G044703) [nonpub. opn.] )

Following remand, Proposition 57 was enacted. Among other provisions, Proposition 57 eliminated direct filing of criminal charges against juveniles in adult court. Instead, before filing in adult court, the prosecution must file a motion in juvenile court asking the court to transfer the minor to adult court. "Only if the juvenile court transfers the matter to adult court can the juvenile be tried and sentenced as an adult." ( People v. Superior Court (Lara) (2018) 4 Cal.5th 299 , 303, 228 Cal.Rptr.3d 394 , 410 P.3d 22 ( Lara ).) The California Supreme Court has held that Proposition 57 applies retroactively to all cases not yet final at the time it was enacted. ( Id. at p. 304, 228…

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