C.A. 2nd;
B267885

The Second Appellate District conditionally reversed a judgment of conviction and remanded. In the published portion of its opinion, the court held that Proposition 57 entitled a juvenile offender whose conviction was not yet final to a juvenile court fitness hearing.

In 2015, Armando Pineda was tried before a jury and found guilty of second degree murder, with personal firearm use, committed when he was 17 years old. He was sentenced to a prison term of 40 years to life. He filed a timely notice of appeal in October 2015. In November 2016, California voters approved Prop 57, the Public Safety and Rehabilitation Act of 2016, which repealed prosecutorial authority to “direct file” juvenile matters in adult court and mandated that juveniles be afforded a fitness hearing in juvenile court prior to transfer to criminal court.