P. v. Thomas CA2/1
Dianjei Quishun Thomas committed robberies and other crimes when he was 17 years old. The district attorney charged him with these crimes in adult criminal court, and Thomas was convicted upon his plea of no contest. His sentence included a 10-year prison term for his personal use of a firearm during the robberies. (Pen. Code, § 12022.53, subd. (b).)
Before Thomas’s judgment became final, two statutory changes took effect which, if applied retroactively, potentially ameliorate his punishment: (1) the electorate passed the Public Safety and Rehabilitation Act of 2016 (Proposition 57), which eliminated a prosecutor’s authority to file criminal charges against a juvenile directly in adult court; and (2) the Legislature amended Penal Code section 12022.53, subdivision (h), to permit courts to strike or dismiss a firearm enhancement in furtherance of justice.
Comments on P. v. Thomas CA2/1