People v. Pacheco
194 Cal. App. 4th 343
| Cal. Ct. App. | 2011Background
- Defendant Jose Juan Pacheco, Jr. pled guilty to assault with force likely to cause great bodily injury pursuant to an amended complaint that admitted a juvenile court adjudication for a prior related offense.
- The juvenile adjudication related to a violation of Penal Code section 186.22 committed when Pacheco was over 16.
- Plea agreement contemplated that the prior juvenile record would be tried by the court before sentencing.
- The trial court denied a motion to strike the prior adjudication and sentenced Pacheco under the Three Strikes law to a mitigated term of four years, with 546 days of presentence confinement credit (364 actual days and 182 conduct days).
- On appeal, Pacheco raised two challenges: (1) whether the juvenile adjudication could serve as a strike prior under the Three Strikes law, and (2) whether presentence credits were calculated correctly; respondent conceded the credit issue and the court ultimately modified the judgment to increase conduct credits.
- The appellate court affirmed the judgment as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a juvenile adjudication may serve as a strike prior under the Three Strikes law. | Nguyen bound; Romero discretion argued but rejected. | Contends use of juvenile adjudication as a strike raises constitutional concerns. | No error; juvenile adjudications may serve as strikes; challenge rejected. |
| Whether presentence credits were calculated correctly under the post-2009 amendments to Penal Code §4019. | Argues credit rate should reflect 1:1 for days served if exceptions apply. | Argues exceptions do not apply because juvenile adjudication is not a conviction. | Court grants modification; increases conduct credits to equal actual days, total 728 days. |
Key Cases Cited
- People v. Nguyen, 46 Cal.4th 1007 (Cal. 2009) (juvenile adjudications may serve as strikes; no jury trial right in juvenile court)
- Auto Equity Sales, Inc. v. Superior Court, 57 Cal.2d 450 (Cal. 1962) (foregone conclusion doctrine governs binding precedents)
- People v. West, 154 Cal.App.3d 100 (Cal. App. 1984) (juvenile adjudications and Prop. 8 considerations regarding felonies)
- People v. Westbrook, 100 Cal.App.4th 378 (Cal. App. 2002) (Prop. 36; prior felonies and disqualifications considerations)
- Romero v. Superior Court, 13 Cal.4th 497 (Cal. 1996) (discretion to strike prior serious or prior felony convictions)