P. v. McKeever CA3
On October 3, 2015, defendant Joseph Lamar McKeever broke into a home, assaulted the 72-year-old woman who lived there, tried to sexually assault her, and took jewelry and $900 from her before leaving. He was 17 years old at the time.
The People elected to charge defendant as an adult pursuant to former Welfare and Institutions Code section 707. Following a jury trial, defendant was convicted of assault with the intent to commit rape during the commission of a burglary, attempted rape as a lesser included offense of rape, and robbery, along with an enhancement for a victim older than 65. The trial court sentenced defendant to state prison for seven years to life plus seven years.
Defendant contends on appeal that under the recently enacted Proposition 57, his conviction should be conditionally reversed and remanded for the trial court to consider whether he is suitable for trial in adult court.
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