People v. Superior Court of Riverside Cnty.

over by a juvenile court judge. ( § 602.) The jurisdictional hearing is equivalent to a 'bench trial' in a criminal court. (See Cal. Rules of Court, rule 5.780.) Although a juvenile court judge adjudicates alleged law violations, there are no 'conviction[s]' in juvenile court. (§ 203.) Rather, the juvenile court determines-under the familiar beyond the reasonable doubt standard and under the ordinary rules of evidence-whether the allegations are 'true' and if the minor comes within its jurisdiction. (See § 602 et seq. )

"There is no 'sentence,' per se, in juvenile court. Rather, a judge can impose a wide variety of rehabilitation alternatives after conducting a 'dispositional hearing,' which is equivalent to a sentencing hearing in a criminal court. (§ 725.5; In re Devin J. (1984) 155 Cal.App.3d 1096 , 1100 [ 202 Cal.Rptr. 543 ].) In the more serious cases, a juvenile court can 'commit' a minor to juvenile hall or to the Division of Juvenile Justice (DJJ), formerly known as the California

lesser one but rather vests in the trial court discretion to impose either the same penalty as under the former law or a lesser penalty." ( Francis , at p. 76, 75 Cal.Rptr. 199 , 450 P.2d 591 .) Despite this difference,

exercise his or her discretion in some cases and determine that a minor should remain in the juvenile justice system rather than face prosecution and sentencing in the criminal courts. For those minors who remain in the juvenile court, with its primary emphasis on rehabilitation rather than punishment, the potential effect of that 'ameliorating benefit' is analogous to the potential reduction in a criminal defendant's sentence as in Estrada and Francis ." ( Vela , supra , 11 Cal.App.5th at p. 80, 218 Cal.Rptr.3d 1 , rev.gr.)

We agree with Vela that Estrada 's inference of retroactivity applies here. Proposition 57 is an "ameliorative change[ ] to the criminal law" that we infer the legislative body intended "to extend as broadly as possible." ( Conley , supra , 63 Cal.4th at p. 657, 203 Cal.Rptr.3d 622 , 373 P.3d 435 .) Nothing in Proposition 57 itself or the ballot materials rebuts this inference. The parties cite different materials to support the argument that the electorate either did or did not intend a retroactive application. They are inconclusive. Proposition 57 and the ballot materials are silent on the question. But some hints can be gleaned as to electoral intent. One stated purpose of the act is to "[s]top the revolving door of crime by emphasizing rehabilitation, especially for juveniles." (Voter Information Guide, Gen. Elec. (Nov. 8, 2016) text of Prop. 57, p. 141.) Proposition 57 also provides that the "act shall be liberally construed to effectuate its purposes." ( Id ., p. 146.) These provisions are not alone decisive, but they support the conclusion that Estrada 's inference of retroactivity is not rebutted.

After finding that the defendant was entitled to a transfer hearing, the Vela court considered the remedy. It began by noting that the "jury's convictions,

review granted September 13, 2017, S243072; People v. Marquez (2017) 11 Cal.App.5th 816 , 217 Cal.Rptr.3d 814 [holding that Estrada does not apply, and the defendant is not entitled to a transfer hearing], review granted July 26, 2017, S242660; People v. Mendoza (2017) 10 Cal.App.5th 327 , 216 Cal.Rptr.3d 361 [holding that Estrada does not apply, and the defendant is not entitled to a transfer hearing], review granted July 12, 2017, S241647; People v. Cervantes (2017) 9 Cal.App.5th 569 , 215 Cal.Rptr.3d 174 [holding

Act) (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012)), which amended the law to reduce the punishment prescribed for certain third strike defendants." ( Id . at p. 651, 203 Cal.Rptr.3d 622 , 373 P.3d 435 .) We found Estrada 's inference of retroactivity inapplicable. But that was because the legislation contained its own retroactivity provision . It permitted persons sentenced under the Three Strikes law, including those whose judgments were final, to seek resentencing and a reduced sentence, but subject to certain conditions. ( Id . at pp. 651-652, 203 Cal.Rptr.3d 622 , 373 P.3d 435 , citing Pen. Code, § 1170.126.) Accordingly, we held that persons already sentenced, including those whose judgments were not final, were not "entitled to automatic resentencing" without regard to the conditions. ( Id . at pp. 655-656, 203 Cal.Rptr.3d 622 , 373 P.3d 435 .)

We explained that "the Legislature (or here, the electorate) may choose to modify, limit, or entirely forbid the retroactive application of ameliorative criminal law amendments if it so chooses." ( Conley , supra , 63 Cal.4th at p. 656, 203 Cal.Rptr.3d 622 , 373 P.3d 435 .) Estrada "does not govern when the statute at issue includes a 'saving clause' providing that the amendment should be applied only prospectively." ( Conley , at p. 656, 203 Cal.Rptr.3d 622 , 373 P.3d 435 .) "[U]nlike the statute at issue in Estrada , supra , 63 Cal.2d 740 , 48 Cal.Rptr. 172 , 408 P.2d 948 , the Reform Act is not silent on the question of retroactivity. Rather, the Act expressly addresses the question in [Penal Code] section 1170.126, the sole purpose of which is to extend the benefits of the Act retroactively." ( Id . at p. 657, 203 Cal.Rptr.3d 622 , 373 P.3d 435 .) "[T]he voters adopted a different approach [than that in Estrada ]. They took the extraordinary step of extending

the conviction is for a crime that does not permit treatment as an adult) ( Pen. Code, § 1170.17, subd. (d) ; see id ., § 1170.19, subd. (b)), or to hold a hearing, similar to a fitness hearing, to determine whether the juvenile should continue to be treated as an adult ( Pen. Code, § 1170.17, subds. (b), (c) ). Amicus curiae argues that, because today no charge may be filed directly in adult court, persons like defendant, who were not convicted before Proposition 57 took effect, will always receive the equivalent of a fitness hearing (or automatic treatment as a juvenile). By leaving this provision intact, amicus curiae further argues, the voters intended not to apply Proposition 57 retroactively.

We need not decide how Penal Code section 1170.17 might apply post-Proposition 57, for its continuing existence does not overcome the inference of retroactivity. That section was drafted for a different procedural posture than Proposition 57 and is a poor fit both textually and practically for a

inference, we conclude this part of Proposition 57 applies to all juveniles charged directly in adult court whose judgment was not final at the time it was enacted.

Because the Court of Appeal reached a similar result, although for different reasons, we affirm the judgment.

O

n June 10, 2016, the Riverside County District Attorney filed an information in adult court charging defendant with kidnapping for rape, oral copulation, and sodomy; forcible oral copulation with a child

offenses, and up to seven years for the most serious offenses, including murder. (See Cal. Code Regs., tit. 15, §§ 4951 - 4957.) A minor committed to DJJ must generally be discharged no later than 23 years of age. (§ 607, subd. (f).)" ( Vela , supra , 11 Cal.App.5th at pp. 73-74, 218 Cal.Rptr.3d 1 , rev.gr.)

With this background in mind, we now consider whether defendant properly received the benefit of Proposition 57.

B. Whether Proposition 57 Applies to Defendant

"The Legislature ordinarily makes laws that will apply to events that will occur in the future. Accordingly, there is a presumption that laws apply prospectively rather than retroactively. But this presumption against retroactivity is a canon of statutory interpretation rather than a constitutional mandate. ( Evangelatos v. Superior Court (1988) 44 Cal.3d 1188 , 1224, [ 246 Cal.Rptr. 629 , 753 P.2d 585 ].) Therefore, the Legislature can ordinarily enact laws that apply retroactively, either explicitly or by implication. ( Tapia v. Superior Court (1991) 53 Cal.3d 282 , 311, [ 279 Cal.Rptr. 592 , 807 P.2d 434 ] (dis. opn. of Mosk, J.).) In order to determine if a law is meant to apply retroactively, the role of a court is to determine the intent of the Legislature, or in the case of a ballot measure, the intent of the electorate. ( People v. Conley (2016) 63 Cal.4th 646 , 659, [ 203 Cal.Rptr.3d 622 , 373 P.3d 435 ].)" ( Vela , supra , 11 Cal.App.5th at pp. 72-73, 218 Cal.Rptr.3d 1 , rev.gr.)

In Estrada , supra , 63 Cal.2d 740 , 48 Cal.Rptr. 172 , 408 P.2d 948 , we considered statutes that mitigated the punishment for the crime of escape without force or violence. The statutes were enacted after the petitioner committed the offense but before he was sentenced. We held that the petitioner was "entitled to the ameliorating benefits" of the new statutes. ( Id . at p. 744, 48 Cal.Rptr. 172 , 408 P.2d 948 .) "When the Legislature amends a statute so as to lessen the punishment it has obviously expressly determined that its former penalty was too severe and that a lighter punishment is proper as punishment for the commission of the prohibited act. It is an inevitable inference that the Legislature must have intended that the new statute imposing the new lighter penalty now deemed to be sufficient should apply to every case to which it constitutionally could apply. The amendatory act imposing the lighter punishment can be applied constitutionally to acts committed before its passage provided the judgment convicting the defendant of the act is not final." ( Id . at p. 745, 48 Cal.Rptr. 172 , 408 P.2d 948 .)

In Francis , supra , 71 Cal.2d 66 , 75 Cal.Rptr. 199 , 450 P.2d 591 , the Legislature modified the punishment for possession of marijuana, which had been a straight felony, to permit it to be treated as a misdemeanor. Relying on Estrada , supra , 63 Cal.2d 740 , 48 Cal.Rptr. 172 , 408 P.2d 948 , we held that this statutory change also applied retroactively to persons whose judgments were not yet final. "Here, unlike Estrada , the amendment does not

revoke one penalty and provide for a

juvenile court judge can only make that irrevocable decision after receiving a probation report and after conducting a full hearing considering the minor's prior history, the circumstances of the offense, and several other factors relating to his or her youth and immaturity. ( § 707, subd. (a).)

"Applying the reasoning of Estrada , we find that by its approval of Proposition 57, ... the electorate has 'expressly determined' that the former system of direct filing was 'too severe.' ( Estrada , supra , 63 Cal.2d at p. 745, 48 Cal.Rptr. 172 , 408 P.2d 948 .) Further, we find an 'inevitable inference' that the electorate 'must have intended' that the potential 'ameliorating benefits' of rehabilitation (rather than punishment), which now extend to every eligible minor, must now also 'apply to every case to which it constitutionally could apply.' (

as well as its true findings as to the sentencing enhancements, will remain in place. Nothing is to be gained by having a 'jurisdictional hearing,' or effectively a second trial, in the juvenile court." ( Vela , supra , 11 Cal.App.5th at p. 81, 218 Cal.Rptr.3d 1 , rev.gr.) Noting that an "appellate court 'may, if proper, remand the cause to the trial court for such further proceedings as may be just under the circumstances [ ]' ( Pen. Code, § 1260 )," the court ordered a limited remand. ( Id . at p. 81, 218 Cal.Rptr.3d 1 .)

Specifically, the Vela court ordered as follows: "Here, under these circumstances, Vela's conviction and sentence are conditionally reversed and we order the juvenile court to conduct a juvenile transfer hearing. ( § 707.) When conducting the transfer hearing, the juvenile court shall, to the extent possible, treat the matter as though the prosecutor had originally filed a juvenile petition in juvenile court and had then moved to transfer Vela's cause to a court of criminal jurisdiction. ( § 707, subd. (a)(1).) If, after conducting the juvenile transfer hearing, the court determines that it would have transferred Vela to a court of criminal jurisdiction because he is 'not a fit and proper subject to be dealt with under the juvenile court law,' then Vela's convictions and sentence are to be reinstated. (§ 707.1, subd. (a).) On the other hand, if the juvenile court finds that it would not have transferred Vela to a court of criminal jurisdiction, then it shall treat

that Estrada does not apply but, applying Proposition 57 prospectively, the defendant is entitled to a transfer hearing], review granted May 17, 2017, S241323.) The exception is People v. Pineda (2017) 14 Cal.App.5th 469 , 222 Cal.Rptr.3d 269 , review granted December 13, 2017, S244451, which, over a dissent, agreed with Vela , supra , 11 Cal.App.5th 68 , 218 Cal.Rptr.3d 1 , review granted.

The courts finding Estrada inapplicable generally believed that a recent decision from this court precluded them from concluding otherwise. ( People v. Brown , supra , 54 Cal.4th 314 , 142 Cal.Rptr.3d 824 , 278 P.3d 1182 ( Brown ).) In Brown , we refused to give retroactive effect to a statute that temporarily increased the rate at which prisoners in local custody could earn conduct credits against their sentences for good behavior. As we explained, "[c]onduct credits encourage prisoners to conform to prison regulations, to refrain from criminal and assaultive conduct, and to participate in work and other rehabilitative activities." ( Id . at p. 317, 142 Cal.Rptr.3d 824 , 278 P.3d 1182 .) We rejected the argument that, under Estrada , the temporary increase in the ability to earn conduct credits applied retroactively. We explained that the statutory change did "not alter the penalty for any crime; a prisoner who earns no conduct credits serves the full sentence originally imposed. Instead of addressing punishment for past criminal conduct, the statute addresses future conduct in a custodial setting by providing increased incentives for good behavior." ( Id . at p. 325, 142 Cal.Rptr.3d 824 , 278 P.3d 1182 .)

We agree with the Vela court's distinction of Brown , supra , 54 Cal.4th 314 , 142 Cal.Rptr.3d 824 , 278 P.3d 1182 . "But under Proposition 57, a transfer hearing conducted by a juvenile court judge does not address future conduct or provide incentives for good behavior as in Brown . Rather, the potential benefit of a juvenile transfer hearing is that it may, in fact, dramatically alter a minor's effective sentence

Indeed, in Brown itself, we went on to explain that the statute at issue-involving credits for future behavior-is not "analogous" to the Estrada situation, and Estrada 's"logic" does not apply. ( Brown , supra , 54 Cal.4th at p. 325, 142 Cal.Rptr.3d 824 , 278 P.3d 1182 .) Here, however, the provisions of Proposition 57 at issue are analogous to the Estrada situation, and Estrada 's logic does apply. Brown presents no impediment to invoking Estrada 's inference in this case.

The People also cite Conley , supra , 63 Cal.4th 646 , 203 Cal.Rptr.3d 622 , 373 P.3d 435 . In that case, we considered the "Three Strikes Reform Act of 2012 (Reform Act or

in this case. As examples of the complexity, the Walker court cited the remedy provided in Vela , supra , 11 Cal.App.5th 68 , 218 Cal.Rptr.3d 1 , review granted, which we have discussed, and in People v. Cervantes , supra , 9 Cal.App.5th at page 621, 215 Cal.Rptr.3d 174 , review granted, which was similar to the Vela remedy as adapted to the precise situation.

We agree the appropriate remedy can be somewhat complex. But complexity is inherent when juveniles are to be treated as adults. The procedure Proposition 57 imposes-filing the matter first in juvenile court, requesting and conducting a transfer hearing, then transferring the matter to adult court-is far more complex than the procedure for adults-simply filing the case in adult court. Moreover, the remedy that Penal Code section 1170.17 provides for juveniles charged directly in adult court but convicted only of some lesser charge-discussed in the next paragraph-is rather complex. But we believe remedies like those provided in Vela and Cervantes are readily understandable, and the courts involved can implement them without undue difficulty. The potential complexity in providing juveniles charged directly in adult court with a transfer hearing is no reason to deny the hearing.

Amicus curiae San Diego County District Attorney cites Penal Code section 1170.17, which Proposition 57 left unaffected, to support its argument that the proposition does not apply retroactively. Section 1170.17 provided protection to juveniles who were properly charged directly in adult court but then convicted only of a charge or charges that would not permit or require such direct filing, or possibly not permit treatment as an adult at all. Generally, when that happens, section 1170.17 requires the trial court either to have the juvenile treated as a juvenile (if

Proposition 57 remedy. Textually, subdivision (c) of section 1170.17 applies

under 14 years of age; and two counts of forcible sodomy. Defendant has not yet been tried, but the charges are based on sex crimes defendant allegedly committed against a girl who was seven and eight years old when the crimes occurred.

On November 8, 2016, the electorate passed Proposition 57, and it took effect the next day. ( Cal. Const., art. II, § 10, subd. (a).) On November 16, 2016, defendant requested the matter be transferred to juvenile court for a "fitness hearing" pursuant to Proposition 57. After a hearing, on November 29, 2016, the trial court granted the motion, holding that Proposition 57 applies retroactively to this case. It issued a short stay to permit the People to seek writ review in the Court of Appeal.

Three days later, the People filed the instant writ petition in the Court of Appeal challenging the trial court's order and seeking an additional stay. On March 13, 2017, the Court of Appeal issued an opinion denying the petition. ( People v. Superior Court (Lara) (2017) 9 Cal.App.5th 753 , 215 Cal.Rptr.3d 456 ( Lara ).) It concluded that Proposition 57 does not apply retroactively under the rationale of Estrada , supra , 63 Cal.2d 740 , 48 Cal.Rptr. 172 , 408 P.2d 948 . But it also concluded that, applied prospectively, Proposition 57 entitles defendant to a fitness hearing.

In the meantime, because the trial court stay expired and the Court of Appeal did not issue its own stay, matters continued at the trial court level. The trial court suspended proceedings in the adult court and ordered defendant released from custody unless the People commenced a juvenile court proceeding within 48 hours. The next day, the People filed a petition in juvenile court alleging defendant committed the crimes already charged in adult court and requesting a hearing to transfer the matter back to adult court. The juvenile court held the hearing but denied the People's request to transfer the matter back to adult court. A contested jurisdictional hearing was scheduled in juvenile court for April 20, 2017.

changes, in specified circumstances, prosecutors were permitted, and sometimes required, to file charges against a juvenile directly in criminal court, where the juvenile would be treated as an adult. ( Manduley v. Superior Court , supra , 27 Cal.4th at pp. 548-551, 117 Cal.Rptr.2d 168 , 41 P.3d 3 , 27 Cal.4th 887A at pp. 548-551 ; Juan G. v. Superior Court , supra , 209 Cal.App.4th at pp. 1488-1490, 147 Cal.Rptr.3d 816 .) These provisions were in effect when the prosecution filed the charges against defendant directly in criminal court.

Proposition 57 changed the procedure again, and largely returned California to the historical rule. "Among other provisions, Proposition 57 amended the Welfare and Institutions Code so as to eliminate direct filing by prosecutors. Certain categories of minors ... can still be tried in criminal court, but only after a juvenile court judge conducts a transfer hearing to consider various factors such as the minor's maturity, degree of criminal sophistication, prior delinquent history, and whether the minor can be rehabilitated.

Youth Authority (CYA). In order to commit a minor to the DJJ, the record must show that less restrictive alternatives would be ineffective or inappropriate. ( In re Teofilio A. (1989) 210 Cal.App.3d 571 , 576 [ 258 Cal.Rptr. 540 ].) The DJJ, rather than the court, sets a parole consideration date. DJJ commitments can range from one year or less for nonserious

Estrada , at pp. 744-745, 48 Cal.Rptr. 172 , 408 P.2d 948 .)" ( Vela , supra , 11 Cal.App.5th at pp. 77-78, 218 Cal.Rptr.3d 1 , rev.gr.)

Vela also cited Francis , supra , 71 Cal.2d 66 , 75 Cal.Rptr. 199 , 450 P.2d 591 . "Here, the electorate has taken away from prosecutors the discretion to directly file cases against minors in criminal courts. As a result-similar to the discretion of a judge to reduce a crime from a felony to a misdemeanor in some cases -a juvenile court judge can now

Vela's convictions as juvenile adjudications and impose an appropriate 'disposition' within its discretion." ( Vela , supra , 11 Cal.App.5th at p. 82, 218 Cal.Rptr.3d 1 , rev.gr.)

With one exception, other Courts of Appeal, including the Court of Appeal in this case, have rejected Estrada 's application, although two, including the Court of Appeal in this case, have granted the same relief under the theory that the defendant is entitled to a transfer hearing even applying Proposition 57 prospectively. ( People v. Suarez (2017) 17 Cal.App.5th 1272 , 226 Cal.Rptr.3d 448 [holding, over a dissent, that Estrada does not apply, and the defendant is not entitled to a transfer hearing]; People v. Brewer (2017) 17 Cal.App.5th 471 , 225 Cal.Rptr.3d 623 [holding, over a dissent, that Estrada does not apply, and the defendant is not entitled to a transfer hearing]; People v. Navarra (2017) 16 Cal.App.5th 173 , 223 Cal.Rptr.3d 820 [holding that Estrada does not apply, and the defendant is not entitled to a transfer hearing], review granted January 24, 2018, S245513; People v. Superior Court (Walker) (2017) 12 Cal.App.5th 687 , 220 Cal.Rptr.3d 1 [holding that Estrada does not apply, and the defendant is not entitled to a transfer hearing],

or 'juvenile disposition' for past criminal conduct. Thus, just as the Supreme Court reasoned in Estrada and Francis , we infer that the electorate intended the possible ameliorating benefits of Proposition 57 to apply to every minor to whom it may constitutionally apply, including Vela." ( Vela , supra , 11 Cal.App.5th at p. 81, 218 Cal.Rptr.3d 1 , rev.gr.)

In language the People and some of the Courts of Appeal cite, we "note[d] the limited role Estrada properly plays in our jurisprudence of prospective versus retrospective operation." ( Brown , supra , 54 Cal.4th at p. 324, 142 Cal.Rptr.3d 824 , 278 P.3d 1182 .) We said that " Estrada is today properly understood, not as weakening or modifying the default rule of prospective operation codified in [Penal Code] section 3, but rather as informing the rule's application in a specific context by articulating the reasonable presumption that a legislative act mitigating the punishment for a particular criminal offense is intended to apply to all nonfinal judgments." ( Ibid . ) However, we did not mean to state, and could not have held as binding precedent, that under no other circumstances, no matter how similar to Estrada , and how different from Brown , could Estrada 's inference in favor of retroactivity apply.

the retroactive benefits of the Act beyond the bounds contemplated by Estrada -including even prisoners serving final sentences within the Act's ameliorative reach-but subject to a special procedural mechanism for the recall of sentences already imposed." ( Id . at pp. 657-658, 203 Cal.Rptr.3d 622 , 373 P.3d 435 .) In short, because the legislation contained its own retroactivity provision, we did not apply Estrada 's different kind of retroactivity. In this respect, Proposition 57 is like the legislation in Estrada , not Conley .

One Court of Appeal cited the complexity inherent in providing a transfer hearing to juveniles whose cases are already pending in adult court as another reason to deny such a hearing. ( People v. Superior Court (Walker) , supra , 12 Cal.App.5th at pp. 704-705 & fn. 20, 220 Cal.Rptr.3d 1 , rev.gr.) The People echo that argument

to juveniles whose convictions and age make them subject to a "rebuttable presumption" of juvenile-court fitness. But as amended by Proposition 57, Welfare and Institutions Code section 707 no longer establishes any such rebuttable presumption of fitness, thus suggesting the voters did not intend hearings under Penal Code section 1170.17 to replace Proposition 57 transfer hearings. Moreover, as a practical matter, postponing juvenile court proceedings until after the juvenile has been convicted in adult court, as occurs under Penal Code section 1170.17, would entail conducting jury trials that will, in some cases, then be obviated by proceedings in the juvenile court. That the voters intended to create such a wasteful system is unlikely.

Additionally, in two respects, Penal Code section 1170.17 is far less favorable to juveniles than Proposition 57. First, under Penal Code section 1170.17, the juvenile is treated as an adult at least until conviction in adult court and, depending on the exact nature of the ultimate conviction, even then would continue to be treated as an adult unless and until the court ordered juvenile treatment; under Proposition 57, the juvenile is initially treated as a juvenile and can be treated as an adult only if and when a court transfers the matter to adult court. Second, under amicus curiae's interpretation of Penal Code section 1170.17, a juvenile who was convicted before Proposition 57 took effect can never benefit from that section. Nothing in that section's continuing existence rebuts Estrada 's inference of retroactivity.

For these reasons, we conclude that defendant properly received the benefit of Proposition 57.

The Court of Appeal erred in rejecting the application of Estrada , supra , 63 Cal.2d 740 , 48 Cal.Rptr. 172 , 408 P.2d 948 , but it reached the correct result. Accordingly, we affirm its judgment, although not its reasoning, and lift the stay we previously imposed.

We also disapprove the Court of Appeal's opinion in this case ( People v. Superior Court (Lara) , supra , 9 Cal.App.5th 753 , 215 Cal.Rptr.3d 456 ), and the opinions in People v. Suarez , supra , 17 Cal.App.5th 1272 , 226 Cal.Rptr.3d 448 ; People v. Brewer , supra , 17 Cal.App.5th 471 , 225 Cal.Rptr.3d 623 ; People v. Navarra , supra , 16 Cal.App.5th 173 , 223 Cal.Rptr.3d 820 , review granted; People v. Superior Court (Walker) , supra , 12 Cal.App.5th 687 , 220 Cal.Rptr.3d 1 , review granted; People v. Marquez , supra , 11 Cal.App.5th 816 , 217 Cal.Rptr.3d 814 , review granted; People v. Mendoza , supra , 10 Cal.App.5th 327 , 216 Cal.Rptr.3d 361 , review granted; and