People v. Lopez CA3

Filed 12/11/13 P. v. Lopez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE, C072316

Plaintiff and Respondent, (Super. Ct. No. CRF11-1745)

v.

JESUS LOPEZ,

Defendant and Appellant.

Defendant Jesus Lopez pleaded no contest to forcible oral copulation (Pen. Code,§ 288a, subd. (c)(2)(B))1 and forcible sodomy (§ 286, subd. (c)(2)(B)). He admitted that he was at least 16 years old at the time of the offenses and was not a fit and proper subject to be dealt with under the juvenile court law. (Welf. & Inst. Code, § 707, subds. (b), (d)(1).) In exchange for the plea and admission, seven related counts were

1 Undesignated statutory references are to the Penal Code.

1

dismissed with a Harvey waiver.2 Defendant was sentenced to state prison for 17 years, consisting of the low term of nine years for sodomy plus a fully consecutive low term of eight years for oral copulation. He obtained a certificate of probable cause. (§ 1237.5.)

On appeal, defendant contends (1) the assignment of arbitrary authority to the prosecutor to decide whether to try a juvenile in adult court without any judicial review violates the separation of powers doctrine and due process of law, and (2) the trial court abused its discretion when it accepted the plea and imposed sentence without the benefit of a current evaluation of defendant’s condition and circumstances. We shall affirm.

FACTUAL BACKGROUND

The facts of defendant’s offense are not at issue and need not be set forth in this opinion. DISCUSSION

I. Prosecution’s Decision to Prosecute a Minor in Criminal Court