T.W. v. Superior Court
Annotate this CaseT.W. became a ward of the juvenile court in 2010. The petition alleged felony robbery and receiving stolen property. T.W. robbed the victim of her purse and was found in possession of a stolen ATM card and cell phone. The order states: “The minor has waived [his] right to a trial, to remain silent … the admission is made freely and voluntarily. There is a factual basis for the admission. … Count 1 … Dismissed on motion of DA … Count 2 … True as admitted … with counsel’s consent.” In 2014, T.W. filed a petition for modification. His maximum term of confinement was three years four months. The petition states: “Pursuant to Proposition 47, a violation of Penal Code 496 and possessed property valued at less than $950 [sic] is now a misdemeanor and carries a maximum confinement term of 12 months.” The District Attorney argued that T.W. posed an unreasonable risk of danger to public safety, so resentencing was not appropriate, and that “retroactive resentencing” did not apply to negotiated dispositions. The court ruled Proposition 47 applies to juvenile cases, but denied the petition because the sentence was based on a negotiated disposition. The court of appeal vacated, finding that T.W. is entitled to petition for modification of his sentence, notwithstanding the plea agreement, and remanded for a determination of unreasonable risk to public safety,
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