People v. Arroyo CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant’s conviction

The relevant facts are not disputed. In September 1979, the district attorney’s office filed a juvenile petition charging defendant with murder. (Pen. Code, § 187.) (Statutory section citations that follow are found in the Penal Code unless otherwise stated.) At the time of the offense, defendant was 17 years old. The following month, defendant was deemed unfit to be treated as a juvenile. At that time, a minor 14 years of age or older who was alleged to have committed murder was presumed not to be a fit and proper subject for treatment under the juvenile court law. (Manduley v. Superior Court (2002) 27 Cal.4th 537, 548.) The juvenile court transferred defendant’s case to criminal court where he would be tried as an adult. (Former Welf. & Inst. Code, § 707.) An information filed against defendant charged him with murder. On February 13, 1980, defendant pleaded guilty to second-degree murder. On or about June 24, 1980, the court sentenced defendant to a state prison term of 15 years to life. Defendant did not file an appeal. In August 1980, defendant was received by the California Department of Corrections and…