People v. Reyes CA2/4

Filed 7/21/25 P. v. Reyes CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B334117

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA426418 v.

JULIO CESAR REYES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Conditionally reversed and remanded with instructions. Law Offices of Allen G. Weinberg and Derek K. Kowata under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven E. Mercer and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

In 2016, defendant and appellant Julio Cesar Reyes was convicted by jury trial of murder and robbery in adult court. Reyes was 17 years old when those crimes occurred. As the parties correctly explain on appeal, under the Public Safety and Rehabilitation Act of 2016 (Proposition 57), which took effect before Reyes’s judgment became final, Reyes is now entitled to a transfer hearing in juvenile court. Because the parties agree on the proper resolution of this appeal, and because we agree with the parties, we resolve this case by memorandum opinion. (Cal. Stds. Jud. Admin., § 8.1.)

BACKGROUND1

The electorate passed Proposition 57 on November 8, 2016, and it took effect the next day. (People v. Superior Court (Lara) 4 Cal.5th 299, 304 (Lara).) “Proposition 57 prohibits prosecutors from charging juveniles with crimes directly in adult court.” (Lara, supra, at p. 303.) “Instead, they must commence the action in juvenile court.” (Ibid.) “If the prosecution wishes to try the juvenile as an adult, the juvenile court must conduct . . . a ‘transfer hearing’ to determine whether the matter should remain in juvenile court or be transferred to adult court.” (Ibid.) “Only if the juvenile court transfers the matter to adult court can the juvenile be tried and sentenced as an adult. (See Welf. & Inst. Code, § 707, subd. (a).)” (Lara, supra, at p. 303, fn. omitted.) Proposition 57 applies retroactively to nonfinal judgments. (Lara, supra, at pp. 303−304.)