THE PEOPLE, Plaintiff and Appellant, v. ROBERT VONROSKI DAVIS, Defendant and Respondent.
No. S053934
Supreme Court of California
July 3, 1997
August 27, 1997
15 Cal. 4th 1096 | 64 Cal. Rptr. 2d 1 | 938 P.2d 938
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Gerald A. Engler and Joan Killeen, Deputy Attorneys General, for Plaintiff and Appellant.
Janice M. Brickley, under appointment by the Supreme Court, for Defendant and Respondent.
Francis J. Bardsley, Public Defender (San Diego), Greg S. Maizlish, Deputy Public Defender, Loren Warboys and Susan L. Burrell as Amici Curiae on behalf of Defendant and Respondent.
OPINION
BROWN, J.—We granted review in this case to consider (1) whether for a prior juvenile adjudication to qualify as a “strike,” the juvenile court must have expressly found the juvenile “to be a fit and proper subject to be dealt with under the juvenile court law” (
I. FACTS AND PROCEDURAL BACKGROUND
By information filed on June 8, 1994, the Contra Costa County District Attorney charged defendant Robert Vonroski Davis (defendant) with one count of murder (
Defendant subsequently moved to strike the two prior juvenile adjudications in part on the ground that they did not satisfy the terms of
The People appealed. While the appeal was pending, a jury convicted defendant of murder and attempted murder. The prior robbery conviction allegation was found true. Defendant was sentenced to 35 years to life with a consecutive term of life plus 5 years.
The Court of Appeal affirmed the trial court‘s order striking the prior juvenile adjudication for residential burglary and reversed the trial court‘s order striking the prior juvenile adjudication for felony assault. On that same day, the court affirmed in a separate opinion defendant‘s convictions for murder and attempted murder.
We granted both the Attorney General‘s and defendant‘s petitions for review limited to the issues stated above, and subsequently designated the Attorney General petitioner for purposes of briefing and oral argument.
II. DISCUSSION
“In March 1994, the Legislature enacted its version of the ‘Three Strikes and You‘re Out’ law by amending section 667. In general, the legislation provides longer sentences for certain prior serious or violent felonies popularly denoted ‘strikes.’ A ‘two strike’ case involves one prior qualifying felony; a ‘three strike’ case involves two or more prior qualifying felonies. Predicate prior felonies are defined in section 667, subdivision (d), as: ‘(1) Any offense defined in subdivision (c) of Section 667.5 as a violent felony or any offense defined in subdivision (c) of Section 1192.7 as a serious felony in this state‘; ‘(2) A conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison [and] . . . includes all of the elements of the particular felony as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7‘; and ‘(3) [Certain] prior juvenile adjudication[s].‘” (People v. Hazelton (1996) 14 Cal.4th 101, 104.) The statute‘s unambiguous purpose is to provide greater punishment for recidivists. (
“[(d)](3) A prior juvenile adjudication shall constitute a prior felony conviction for purposes of sentence enhancement if:
“(A) The juvenile was 16 years of age or older at the time he or she committed the prior offense.
“(B) The prior offense is listed in subdivision (b) of Section 707 of the Welfare and Institutions Code or described in paragraph (1) [California prior serious or violent felony convictions] or (2) [other jurisdiction prior serious or violent felony convictions] as a felony.
“(C) The juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law.
“(D) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code.”
Defendant contends that neither his prior juvenile adjudication for residential burglary nor for felony assault meets the requirements of
We first consider the meaning of subdivision (d)(3)(C)‘s requirement that the juvenile was “found to be a fit and proper subject to be dealt with under the juvenile court law.” Defendant contends that an express finding of fitness is required; the Attorney General asserts that an implied finding is sufficient. We agree with the Attorney General.
Under
Thus, the only circumstance under which an express finding of fitness occurs in juvenile court is when the prosecutor unsuccessfully seeks to have the juvenile tried in adult court. Defendant therefore contends that the “use of this precise language which is only used within the context of a [section] 707 petition must have been intended as a requirement that there have been a fitness hearing and evaluation with supporting findings.”
We disagree. An express finding of fitness is necessary in the context of a ruling on a
Subdivision (d)(3)(C), however, refers neither to a
Finally, a conclusion that subdivision (d)(3)(C) requires an express finding of fitness would evoke questions regarding the statute‘s constitutional validity. The difference in punishment that two otherwise similarly situated defendants would receive would depend solely on an unsuccessful motion for a determination that the minor is unfit for treatment in the juvenile court system. An express finding requirement would be analogous to a statute that set the punishment for a manslaughter conviction at five years if the prosecution originally charged the case as manslaughter, but ten years if the prosecution originally charged the case as murder and the defendant was convicted of the lesser charge of manslaughter. Such a statute would arguably be open to a variety of constitutional challenges such as equal protection, due process, and separation of powers. We see no basis for concluding that the Legislature made such an arguably irrational distinction here.
Defendant asserts that concluding an implied finding satisfies subdivision (d)(3)(C) renders that subdivision superfluous. He essentially argues that subdivision (d)(3)(C) would then apply to anyone tried in juvenile, as opposed to adult court, and subdivision (d)(3) already expressly applies to prior juvenile adjudications. However, the presence of some duplication in a multiprong statutory test does not automatically render it meaningless. Moreover, subdivision (d)(3) is arguably superfluous in part no matter how we interpret it. If we interpret it, as defendant argues, to require an express finding of fitness, then the requirement that the juvenile was 16 years old at the time of committing the offense is redundant. (
Given our conclusion on this issue, defendant has at least two “strikes,” i.e., a 1990 juvenile adjudication of felony assault, and a 1993 adult robbery conviction. He thus already qualifies for the harsher punishment prescriptions of the three strikes statute. We decline under these circumstances to decide whether defendant‘s juvenile adjudication for residential burglary also counts as a “strike.” We therefore leave this issue for another day.
CONCLUSION
The judgment of the Court of Appeal is affirmed.
George, C. J., Baxter, J., and Chin, J., concurred.
MOSK, J.—I dissent.
Defendant was charged by information in the superior court with murder and attempted murder. For enhancement of sentence, he was alleged to have personally used a firearm in each. For the same purpose, under the legislative version of the so-called “Three Strikes” law (
The majority now proceed to affirm the Court of Appeal‘s judgment, specifically, its reversal of the superior court‘s order dismissing the prior juvenile adjudication allegation as to assault.
As I shall explain, they should not.
I
“A prior juvenile adjudication shall constitute a prior felony conviction for purposes of sentence enhancement“—that is, shall amount to a strike—“if:
“(A) The juvenile was 16 years of age or older at the time he or she committed the prior offense.
“(B) The prior offense is listed in subdivision (b) of Section 707 of the Welfare and Institutions Code“—and therefore presumptively warranted trial of the juvenile in criminal court as an adult and not adjudication in juvenile court as a minor—or is “described . . . as a felony” in
“(C) The juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law.
“(D) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code.” (
It follows that
First, under
Third, under
Fourth and final, under
II
The juvenile court makes a finding of fitness only under
To repeat:
In this cause, the superior court properly dismissed both the residential burglary and assault prior juvenile adjudication allegations. As to each, the finding of fitness required by
Beneath their discussion purporting to consider whether a finding of fitness must be express or may also be implied,2 the majority remove the very requirement of such a finding contained in
The majority attempt to justify their removal of the requirement of a finding of fitness contained in
On the merits, the majority‘s argument conjectures, and complains, that the requirement of a finding of fitness contained in
The majority also attempt to justify their removal of the requirement of a finding of fitness contained in
In one sense, the majority‘s argument is too early. Questions regarding the constitutional validity of the requirement of a finding of fitness contained in
In another sense, the majority‘s argument is too late. Here, the People have declared that the Three Strikes law in its entirety is “poorly drafted.” Concerns like theirs should have been addressed to the Legislature, as it was considering whether to include a requirement of a finding of fitness. They are now out of time, the Legislature having already included such a requirement in
III
For the reasons stated above, I would reverse the Court of Appeal‘s judgment to the extent that it reverses the superior court‘s order striking the prior juvenile adjudication allegation as to assault.
Werdegar, J., concurred.
KENNARD, J., Dissenting.—The “Three Strikes” law (
In this case, the prosecution alleged two prior juvenile adjudications as “strikes.” Neither of these adjudications resulted from proceedings in which the prosecutor asked that the minor be tried as an adult; thus, in neither proceeding did the juvenile court find that the minor was “a fit and proper subject to be dealt with under the juvenile court law,” as required by the Three Strikes law. Nevertheless, the majority holds that each adjudication is
I
Defendant was charged with murder (
II
Under the Three Strikes law, three types of qualifying offenses may be considered as “strikes“: (1) an adult conviction for a California crime listed in
Under
What did the Legislature mean when it required that, to qualify as a “strike,” the adjudication be one in which “the juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law?” As I stated at the outset, such a finding is made only at a so-called “fitness” hearing under
When the Legislature drafted the juvenile “strike” provision embodied in
I find additional support for this conclusion in the Legislature‘s express reference to
Some 16-year-old delinquents are already dangerous, violent criminals. But there may be others whose acts reflect youthful immaturity rather than a commitment to crime. Perhaps it was a concern not to subject juvenile offenders in the latter category to the harsh penalties of the new Three Strikes law that led the Legislature, which had never before permitted juvenile adjudications to be used in adult court for purposes of enhancement, to include within the class of “strikes” only those crimes that, in the prosecutor‘s view, were so serious as to require trying the minor as an adult.
According to the majority, a juvenile adjudication is a “strike” regardless of whether the prosecutor had sought a fitness hearing under
In construing
The majority insists that under its construction,
The majority offers three justifications for its construction of
First, according to the majority, to require an express finding of fitness “would so severely limit those juvenile adjudications that would qualify as ‘strikes,’ that such a result would seem to be at odds with the intent of section 667, subdivisions (b)-(i).” (Maj. opn., ante, at p. 1102, italics added.) What intent? The majority offers no explanation.
Once again, the majority‘s assertion ignores a principle of statutory construction. Ordinarily, a reviewing court looks to the language of the statute to ascertain the Legislature‘s intent in enacting it. (Freedom Newspapers, Inc. v. Orange County Employees Retirement System (1993) 6 Cal.4th 821, 826.) When the statutory language is ambiguous, we may examine the goals to be achieved and the legislative history to assist us in resolving the ambiguity. (People v. Coronado (1995) 12 Cal.4th 145, 151.) Here, the language of
The only declaration of legislative intent pertaining to the entire Three Strikes statutory scheme appears in
Next, the majority says a rule that only juvenile adjudications accompanied by a finding of fitness could qualify as “strikes,” as I am proposing, “would evoke questions regarding the statute‘s constitutional validity,” because an increase in punishment “would depend solely on an unsuccessful motion for a determination that the minor is unfit for treatment in the juvenile court system.” (Maj. opn., ante, at p. 1102, original italics.) This statement is misleading. For an offense committed by a juvenile to be a strike, the prosecution need not make an unsuccessful motion to try the juvenile as an adult, because the offense will be a “strike” whether or not the motion succeeds. If the trial court grants the motion, the offense will be adjudicated in adult court, and if the minor is found guilty, the offense will qualify as a strike. If, however, the court denies the motion, the offense will be adjudicated in juvenile court, and if the minor is found to have committed the crime it will still qualify as a strike. In short, whether a criminal act by a juvenile is a “strike” does not turn on whether the prosecution is successful in its attempt to have the minor tried as an adult; rather, it turns on whether the prosecutor considers the crime so serious as to make the attempt in the first place.
The majority‘s perceived shortcoming of such a rule is that it “would arguably be open to a variety of constitutional challenges such as equal protection, due process, and separation of powers.” (Maj. opn., ante, at p. 1102.) The majority cites no authority for this bare assertion. Moreover, because defendant has not attacked the constitutionality of the Three Strikes law, this issue is not present here. In any event, the majority‘s resort to the rule of construction that ambiguous statutes should be construed in a manner that will avoid doubts about their constitutionality is of no avail. For this rule to apply, “the statute must be realistically susceptible of two interpretations . . . .” (People v. Anderson (1987) 43 Cal.3d 1104, 1146, original italics.) Here, as I have shown, the statutory
Finally the majority, apparently conceding that its construction of
Under
This argument has superficial appeal, but on careful examination it proves unpersuasive. True, when the Three Strikes law was enacted in March 1994, minors under the age of 16 could not be tried as adults. But that was changed six months later, when the Legislature amended
The majority‘s holding also violates the time-honored rule that “ambiguous penal statutes are construed to favor the defendant.” (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530.) As this court said 107 years ago, “the defendant [in a criminal case] is entitled to the benefit of every reasonable doubt . . . as to the true interpretation of words or the construction of language used in a statute . . . .” (Ex parte Rosenheim (1890) 83 Cal. 388, 391.)
We are all concerned about the epidemic of violent crime in our society. The Three Strikes law that the Legislature enacted in March 1994 and that we construe today (
A court construing a statute, however, can never be guided by public sentiment alone. Here, in construing the Three Strikes law, it is not enough to say that because the Legislature and the electorate wished to impose tougher penalties on repeat violent offenders, we should therefore give that enactment the harshest possible construction. Judges are constrained by the law. For the sake of the predictability and stability of the law, our guideposts in interpreting the Three Strikes law must be the usual principles of statutory construction that apply in every case, not our projections of the hopes and fears that led to the statute‘s enactment. In the words of United States Supreme Court Justice Felix Frankfurter: “For judicial construction to stick close to what the legislation says and not draw prodigally upon unformulated purposes or directions makes for careful draftsmanship and for legislative responsibility. . . . Judicial expansion of meaning beyond the limits indicated is reprehensible because it encourages slipshodness in draftsmanship and irresponsibility in legislation. It also enlists too heavily the private . . . views of judges.” (Frankfurter, Foreword, Symposium on Statutory Construction (1950) 3 Vand. L.Rev. 365, 367-368.)
As the Contra Costa District Attorney said in a superior court brief he filed in this case, “‘Three Strikes’ is a poorly drafted statute.” Many of its provisions are contradictory or lack clarity. But the provision we construe today,
Werdegar, J., concurred.
Respondent‘s petition for a rehearing was denied August 27, 1997. Mosk, J., Kennard, J., and Werdegar, J., were of the opinion that the petition should be granted.