P. v. Ruiz CA2/4
A jury convicted appellant Roger Ruiz of one count of assault with a firearm and found true the accompanying firearm and gang enhancements. Appellant was sentenced to 24 years in state prison for the crime. Later, he pled no contest to one count of assault with a firearm on a peace officer with a personal firearm use enhancement, for a stipulated term of 18 years in state prison. The parties also agreed that appellant’s prior 24-year prison sentence would be reduced to 18 years and stayed pursuant to Penal Code section 654.
Appellant, who was 16 years old at the time he committed the crimes, then filed a motion to remand his case to juvenile court pursuant to Proposition 57 (effective November 9, 2016), which requires the district attorney to make a transfer motion in juvenile court before prosecuting a juvenile offender in criminal court. The trial court denied the motion, and sentenced appellant to 18 years in state prison.
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