People v. Superior Court
Opinion
Lead Opinion
Robie, J.
*557 *532 This case presents a narrow question for determination: is Senate Bill No. 1391 (Stats.
*533 2018, ch. 1012, § 1) (S.B. 1391) void as an unconstitutional amendment to Welfare and Institutions Code 1 section 707 as modified by the Public Safety and Rehabilitation Act of 2016 (Proposition 57)? Petitioner, the People of the State of California, 2 filed two petitions for writ of mandate with this court seeking relief from separate orders by respondent Superior Court of Sacramento County refusing to transfer real parties in interest R. Z. and K. L. from juvenile to criminal court for purposes of criminal prosecution based on section 707 as modified by legislative enactment of S.B. 1391. Specifically, petitioner argues S.B. 1391's bar on the transfer of minors under the age of 16 for criminal prosecution as adults is unconstitutional because it does not further the intent and purpose of Proposition 57. We disagree and will deny the petitions.
BACKGROUND
The underlying conduct that brings the minor real parties in interest within the jurisdiction of either the juvenile court or the criminal court is not relevant to resolution of the narrow legal issue before us. Accordingly,…