Transfer Hearing (Juvenile)

Appellant was sentenced to a term of 25 years to life, an unauthorized enhancement term of 15 years to life, and multiple concurrent terms. Following appellant’s initial appeal, the trial court was directed to conduct a transfer hearing pursuant to Proposition 57, and, should the case be transferred back to the criminal court, modify the 15 years to life term. The court acted accordingly and additionally modified two of the concurrent terms to be consecutive. Appellant appealed. While the appeal was pending, the Legislature enacted Assembly Bill No. 2361 (Reg. Sess. 2021-2022), which changed the finding a juvenile court must make before ordering a transfer to criminal court. The Court of Appeal agreed with the parties that AB 2361 applied retroactively to appellant and that the trial court exceeded the scope of the remittitur when it modified appellant’s sentence beyond what was directed. The matter was conditionally reversed and remanded to the juvenile court to conduct an amenability hearing pursuant to current law. Should the matter be transferred to a court of criminal jurisdiction, the criminal court was ordered to modify the consecutive terms to be concurrent as originally imposed.