Latinlove
04-19-2005, 01:21 PM
CALIFORNIA
Prison upheld for teen felon
Transfer to CYA barred for most youths tried as adults
-Bob Egelko, Chronicle Staff Writer
Tuesday, April 19, 2005
Juveniles as young as 14 who are prosecuted as adults for serious
crimes must be sentenced to the adult prison system rather than the
California Youth Authority in most cases, the state Supreme Court
ruled Monday.
In a unanimous decision, the court upheld limits on judicial authority
imposed by Proposition 21, a juvenile crime initiative passed by 62
percent of the voters in March 2000.
Prop. 21 increased the number of crimes for which minors could be tried
as adults, with a potential sentence of up to life in prison instead
of the age-25 limit in the juvenile system. One provision of the
measure allows prosecutors to decide whether youths aged 14 to 17
should be tried as adults, without a hearing to determine whether the
youth is suitable for juvenile court.
The state's high court, which upheld the overall constitutionality of
Prop. 21 in 2002, had to decide Monday whether a judge still had the
authority to sentence someone under 18 as a juvenile after a
conviction in adult court. The issue arose in the case of Alonza
Thomas Jr., who pleaded guilty to robbing a Bakersfield convenience
store with a gun in 2000, when he was 15.
Thomas, prosecuted as an adult under Prop. 21, accepted a plea bargain
for a 13-year prison sentence but asked the judge to send him to the
CYA instead. Kern County Superior Court Judge Arthur Wallace refused,
citing objections by the prosecutor, who held veto power over such a
sentence under a pre-Prop. 21 law.
In Monday's ruling, the court said the pre-Prop. 21 law allowing a
prosecutor to prevent a judge from sending a youth to the CYA is an
unconstitutional infringement on judicial power. But the court upheld
the 13- year prison sentence nevertheless, relying on a provision of
Prop. 21 that bars a CYA commitment for youths who turn 25 before the
end of their sentences. Because Thomas' sentence would last until age
28, prison was mandatory, the court said.
Passage of the initiative "demonstrates that, in the voters' view, such
minors need more restrictive confinement'' than the CYA, Justice
Joyce
Kennard said.
In practice, the ruling means that most youths charged and convicted as
adults will be sentenced in the adult system, because the terms
generally last beyond age 25, said lawyers for both sides in the case.
"That's the law that was chosen'' by the voters, deputy attorney
general Kathleen McKenna said.
Thomas' attorney, Athena Shudde, said it is especially unfortunate in
Thomas' case, because he had no previous criminal record and suffers
psychological problems that will probably go untreated in prison. She
said such minors are held in a separate part of an adult prison
complex, with others serving similar terms, until they turn 18, and
then are transferred to the regular prison.
"He will come out criminalized,'' she said..
The case is People vs. Thomas, S118052.
E-mail Bob Egelko at begelko@sfchronicle.com (http://us.f508.mail.yahoo.com/ym/Compose?To=begelko@sfchronicle.com&YY=66850&order=down&sort=date&pos=0&view=a&head=b) .
URL:
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/19/ (http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/19/)
BAGKJCB2O61.DTL
Prison upheld for teen felon
Transfer to CYA barred for most youths tried as adults
-Bob Egelko, Chronicle Staff Writer
Tuesday, April 19, 2005
Juveniles as young as 14 who are prosecuted as adults for serious
crimes must be sentenced to the adult prison system rather than the
California Youth Authority in most cases, the state Supreme Court
ruled Monday.
In a unanimous decision, the court upheld limits on judicial authority
imposed by Proposition 21, a juvenile crime initiative passed by 62
percent of the voters in March 2000.
Prop. 21 increased the number of crimes for which minors could be tried
as adults, with a potential sentence of up to life in prison instead
of the age-25 limit in the juvenile system. One provision of the
measure allows prosecutors to decide whether youths aged 14 to 17
should be tried as adults, without a hearing to determine whether the
youth is suitable for juvenile court.
The state's high court, which upheld the overall constitutionality of
Prop. 21 in 2002, had to decide Monday whether a judge still had the
authority to sentence someone under 18 as a juvenile after a
conviction in adult court. The issue arose in the case of Alonza
Thomas Jr., who pleaded guilty to robbing a Bakersfield convenience
store with a gun in 2000, when he was 15.
Thomas, prosecuted as an adult under Prop. 21, accepted a plea bargain
for a 13-year prison sentence but asked the judge to send him to the
CYA instead. Kern County Superior Court Judge Arthur Wallace refused,
citing objections by the prosecutor, who held veto power over such a
sentence under a pre-Prop. 21 law.
In Monday's ruling, the court said the pre-Prop. 21 law allowing a
prosecutor to prevent a judge from sending a youth to the CYA is an
unconstitutional infringement on judicial power. But the court upheld
the 13- year prison sentence nevertheless, relying on a provision of
Prop. 21 that bars a CYA commitment for youths who turn 25 before the
end of their sentences. Because Thomas' sentence would last until age
28, prison was mandatory, the court said.
Passage of the initiative "demonstrates that, in the voters' view, such
minors need more restrictive confinement'' than the CYA, Justice
Joyce
Kennard said.
In practice, the ruling means that most youths charged and convicted as
adults will be sentenced in the adult system, because the terms
generally last beyond age 25, said lawyers for both sides in the case.
"That's the law that was chosen'' by the voters, deputy attorney
general Kathleen McKenna said.
Thomas' attorney, Athena Shudde, said it is especially unfortunate in
Thomas' case, because he had no previous criminal record and suffers
psychological problems that will probably go untreated in prison. She
said such minors are held in a separate part of an adult prison
complex, with others serving similar terms, until they turn 18, and
then are transferred to the regular prison.
"He will come out criminalized,'' she said..
The case is People vs. Thomas, S118052.
E-mail Bob Egelko at begelko@sfchronicle.com (http://us.f508.mail.yahoo.com/ym/Compose?To=begelko@sfchronicle.com&YY=66850&order=down&sort=date&pos=0&view=a&head=b) .
URL:
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/19/ (http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/19/)
BAGKJCB2O61.DTL