P. v. McNeal CA1/3
There is currently a split of authority as to whether Proposition 57, adopted by the voters on November 8, 2016, modifying among other things the provisions of Welfare and Institutions Code section 707 concerning the determination of whether a minor should be tried for the commission of a criminal offense as a juvenile or as an adult, applies retroactively to a minor whose conviction in adult court was not final when Proposition 57 became effective. This appeal presents that question but, unlike the cases in which the conflict has emerged, defendant did receive a fitness hearing and under the former provisions of section 707 was found not fit for treatment in juvenile court. Arguing that the amendments to section 707 should apply retroactively, defendant contends he is entitled to a redetermination of that issue under the more lenient provisions of the amended statute. We find it unnecessary to weigh in on the broader question of retroactivity because the juvenile court’s findings i
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