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Name: Resendiz v. Superior Court (People)
Case #: D036738
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/16/2001
Subsequent History: DEPUBLISHED 8/8/01 (S098656)
Summary

Editor’s note: this case has been depublished. Proposition 21 (The Gang Violence and Juvenile Crime Prevention Initiative) (effective 3/8/00) permits the prosecuting authority, in its discretion to file certain charges in either adult or juvenile court under Welfare and Institutions Code section 707, subdivision (d). By placing within the discretion of the prosecutor the determination of which of two legislatively authorized sentencing schemes are available to the courts, Proposition 21 violates the constitutional principle of separation of powers between the executive and judicial branches. The court also concluded that section 707, subdivision (d) was severable from the remainder of the initiative. (2-1).