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Manduley v. Superior Court of San Diego County

27 Cal. 4th 537 (2002)

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Manduley v. Superior Court of San Diego County

California Supreme Court

27 Cal. 4th 537 (2002)

Facts

The Welfare and Institutions Code Section 707(d) grants prosecutors discretion to bring certain charges against certain minors directly in criminal court without a prior adjudication that the juvenile defendant is unfit for a disposition under juvenile-court law. Prosecutors charged eight juveniles including Manduley (defendant) with felony offenses directly in criminal court under Section 707(d). Manduley and the defendants demurred to the complaint, claiming Section 707(d) is unconstitutional. The trial court overruled the demurrers, and Manduley appealed to the California Court of Appeal. The court of appeal issued a writ of mandate directing the trial court to vacate the ruling and to sustain the demurrers. The court of appeal held Section 707(d) violates the separation-of-powers doctrine because the law allows the prosecutor to interfere with the court’s authority to choose a juvenile-court disposition for minors who committed criminal offenses. The state (plaintiff) appealed to the California Supreme Court.

Rule of Law

Issue

Holding and Reasoning (George, C.J.)

Dissent (Kennard, J.)

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