California, United States of America
The following excerpt is from People v. Superior Court of Riverside Cnty., 213 Cal.Rptr.3d 194 (Cal. App. 2017):
A juvenile offender is not "tried in adult court" merely because the People have filed a complaint against him or her there. Rather, "past cases compel the holding that an accused is "brought to trial" ... when a case has been called for trial by a judge who is normally available and ready to try the case to conclusion. The court must have committed its resources to the trial, and the parties must be ready to proceed and a panel of prospective jurors must be summoned and sworn. " (People v. Hajjaj (2010) 50 Cal.4th 1184, 1196, 117 Cal.Rptr.3d 327, 241 P.3d 828 [analyzing when a case is brought to trial for purposes of Penal Code section 1382, which requires dismissal if certain speedy trial deadlines are not met].) The People have not shown, nor can they show, that real party in interest has participated in a proceeding in adult court that meets these criteria. They have therefore not shown that the harm Proposition 57's ballot pamphlet said the new law would prevent, namely, trial of a juvenile in adult court without the permission of a juvenile judge, has occurred. As we see it, this means the People have not shown that the last act precedent to application of Proposition 57 has already happened, such that requiring a juvenile judge to assess whether real party in interest will be brought to trial in adult court would be applying Proposition 57 retroactively.
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