California Court of Appeals, Second District, Third Division
[REVIEW GRANTED BY CAL. SUPREME COURT]
Cal.Rptr.3d 262] ORIGINAL PROCEEDINGS in mandate. Laura
Laesecke, Judge. Petition granted. Los Angeles County Super.
Ct. No. NA101252-02
Yamashiro, Inglewood, and Markéta Sims, Independent
Juvenile Defender Program, for Petitioner.
appearance for Respondent.
Lacey, District Attorney, Phyllis Asayama and John Pomeroy,
Deputy District Attorneys, for Real Party in Interest.
S. petitions for a writ of mandate requiring the trial court
to vacate its order denying his motion to remand his case to
juvenile court. Narith was 15 years old at the time of the
offenses with which he is charged. The trial court ruled
Senate Bill No. 1391 (SB 1391) unconstitutional. We agree
with our colleagues in the First, Third, Fourth, Fifth, and
Sixth Districts who have recently confronted this issue and
concluded that SB 1391 is constitutional. Accordingly, we
grant Narith’s petition.
the People charged Narith with nine counts of attempted
murder as well as shooting at an inhabited dwelling and
discharging a firearm from a motor vehicle. The case
arose from a gang-related drive-by shooting at an apartment
complex. After detectives gave Narith the Miranda
admonition, he told them he had fired a number of
shots from the back seat of his friend’s car after yelling
"Fuck Chongos" (a derogatory term for the gang that
is his gang’s rival). Five victims were struck with bullets;
all five survived. Narith was 15 years old at the time of the
was arraigned in criminal (adult) court in November 2015. A
year later his counsel moved to remand his case to juvenile
court. In January 2017 the trial court certified Narith to
the juvenile court. In June 2018 the juvenile court found
Narith unfit for juvenile court and returned him to criminal
January 3, 2019, Narith filed a motion to remand his case to
juvenile court, citing SB 1391. The district attorney opposed
the motion, arguing SB 1391 is "an unconstitutional
amendment to the provisions of Welfare and Institutions Code
section 707, as amended by an initiative statute, Proposition
57." Narith filed a reply.
February 20, 2019, the court heard the motion. The court
ruled SB 1391 unconstitutional and therefore denied Narith’s
motion to be transferred back to the juvenile court. Narith
filed a petition for a writ of mandate and a request for a
stay of his adult proceedings. We issued an order to show
cause and a stay.
1. Proposition 57 and SB 1391
November 2016 the voters approved Proposition 57, the Public
Safety and Reconciliation [256 Cal.Rptr.3d 263] Act of 2016.
(People v. Superior Court (Alexander C.)
(2019) 34 Cal.App.5th 994, 997, 246 Cal.Rptr.3d 712');">246 Cal.Rptr.3d 712