Duran v. Superior Court CA5
Petitioner Mark Perez Duran was charged with committing five felony offenses when he was 17 years old. The district attorney direct-filed the information in the superior court, consistent with then-existing law. Petitioner pleaded no contest to second degree robbery and admitted a firearm enhancement, for an indicated “lid” of five years. While his sentencing hearing was pending, the “Public Safety and Rehabilitation Act of 2016” (Proposition 57) was enacted, which changed the charging procedure for juveniles. Petitioner then filed a request for the superior court to conduct a hearing and determine whether his case should be transferred to juvenile court pursuant to the provisions of the newly-enacted initiative. The superior court denied his request.
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