People v. Baldivia

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Baldivia committed several criminal offenses when he was 17 years old. In a direct-filed adult criminal proceeding that had been initiated without a juvenile court fitness hearing, Baldivia pleaded no contest to four counts and admitted various enhancement allegations, including Penal Code section 12022.53 firearm enhancement allegations, in exchange for an agreed prison sentence of 17 years and four months and the dismissal of other counts and enhancement allegations. Proposition 57, which bars direct-filed adult criminal proceedings for juveniles and requires a juvenile fitness hearing before a juvenile case may be transferred to adult criminal court, took effect during the pendency of Baldivia’s appeal. The firearm enhancement statutes were also amended to grant courts discretion to strike such enhancements. Baldivia argued that he is entitled to a remand for a juvenile fitness hearing and, if he is found unfit for juvenile court and transferred to adult criminal court, a resentencing hearing at which the court may exercise its new discretion to strike the firearm enhancement. The court of appeal agreed. Baldivia may raise these issues on appeal despite his failure to obtain a certificate of probable cause in support of his appeal because the changes in the law were implicitly incorporated into his plea agreement--his contentions do not challenge the validity of his plea. The Attorney General conceded the merit of Baldivia’s contentions. View "People v. Baldivia" on Justia Law