People v. Superior Court

Opinion

VARTABEDIAN, Acting P. J.

Marcelina M., a juvenile, pleaded no contest in a court of criminal jurisdiction (criminal court) to one felony violation, not one of the “serious crimes” charged that permitted the People to file the case in the adult court in the first place. Subsequent to her plea, a petition was filed in juvenile court alleging new criminal law violations against Marcelina. We are called on to determine if Marcelina’s plea in criminal court requires an automatic transfer of any subsequent juvenile petition, including the one now before this court, to the criminal court pursuant to Welfare and Institutions Code section 707.01, subdivisions (a)(5) and (b).

1

We answer no and deny the People’s petition.

Background

On September 16, 2004, a complaint was filed against real party in interest Marcelina M., and others, alleging numerous sex crimes that fall within a list of serious crimes set forth in section 707, subdivision (b) as well as other crimes that are not contained within section 707, subdivision (b). (Hereafter, a listed offense will simply be referred to as a 707(b) offense.)

Pursuant to section 707, subdivision (d), the prosecution filed the accusatory pleading in criminal court, bypassing juvenile court. Section 707, subdivision (d) provides: “Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any minor 16 years of age or older who is accused of committing an offense enumerated in subdivision (b).”

On October 5, 2004, Marcelina pleaded no contest in criminal court to one count of false imprisonment by violence (Pen. Code, §§ 236, 237).

[654]

False imprisonment by violence is not a 707(b) offense. As part of her plea, Marcelina admitted she was over 16 at the time of the commission of the offense.

On March 14, 2005, a three-count juvenile wardship petition was filed against Marcelina. On March 22, 2005, in juvenile court, Marcelina admitted one count of the petition, possession of methamphetamine, and the other counts were dismissed.