People v. Martinez CA1/1

Good Law
Court of Appeal of CaliforniaFebruary 28, 2024A164499California3,527 words

Opinion

Opinion

Wilson, J.

I. DISCUSSION

The parties are familiar with the facts and our opinion does not meet the criteria for publication. (Cal. Rules of Court, rule 8.1105(c).) Consequently, we resolve the cause before us, consistent with constitutional requirements, in an abbreviated opinion with reasons stated. (Cal. Const., art. VI, § 14; Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1262 [“ ‘An opinion is not a controversial tract, much less a brief in reply to the counsel against whose views we decide. It is merely a statement of conclusions, and of the principal reasons which have led us to them.’ [Citation.]”].) A. Assembly Bill No. 2361 Martinez first contends, and the People concede, that the passage of Assembly Bill No. 2361 entitles him to a conditional reversal so that the juvenile court may conduct a second transfer hearing under the newly heightened standard. We agree. At the time of Martinez’s transfer hearing in February 2018, the law required the People to prove by a preponderance of the evidence that the minor should be transferred to a court of criminal jurisdiction. Former Welfare and Institutions Code section 707, subdivision (a)(3) required the juvenile court to consider five…

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