People v. BrewerAnnotate this Case
The Court of Appeal held that Proposition 57, the Public Safety and Rehabilitation Act of 2016, did not apply retroactively to defendant's case. Defendant was convicted of sexual penetration by force, assault with intent to commit rape or forcible sexual penetration during the commission of first degree burglary, and kidnapping to commit rape or forcible sexual penetration. Defendant was 16 years old when he committed the offenses and had no prior criminal record. In the published portion of the opinion, the court rejected defendant's claims that the Act reduces the range of punishment for all juvenile offenders by giving the juvenile court exclusive jurisdiction over all juveniles, and creates a previously unavailable affirmative defense.