California Court of Appeal

The requirement of Penal Code section 1170.19(a)(4), that a criminal court secure a prosecutor's consent to order a juvenile disposition after a criminal trial on a Proposition 21 "discretionary direct file," violates the state Constitution's separation of powers doctrine.

Appellate Information

• Decided 11/08/2002
• Published 11/08/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Athena Shudde, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Jeffrey D. Firestone, Louis M. Vasquez and Michelle L. West, Deputy Attorneys General, for Plaintiff and Respondent.