P. v. Chacon 6/26/03 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F038393

Case Date: 06/26/2003

Preview:Filed 6/26/03

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
THE PEOPLE, F038393 Plaintiff and Respondent, (Super. Ct. No. 80653) v. MATTHEW CHACON, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Kern County. Coleen W. Ryan and Clarence Westra, Jr., Judges.* Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Jeffrey Firestone, Louis M. Vasquez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

*Judge Ryan heard and denied a pretrial motion to dismiss; Judge Westra heard and

denied subsequent motions to dismiss, and presided at trial and sentencing.

The issue on appeal is whether a court has discretion to order a juvenile disposition after a jury finds a 17-year-old minor with no known prior criminal history guilty of assault by means of force likely to produce great bodily injury (assault by means) on a "discretionary direct file" for which Proposition 21 authorizes, but does not mandate, a criminal trial instead of a juvenile hearing.1 (Pen. Code,

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