MANDULEY v. SUPERIOR COURT

Nos. D036356, D036456.

104 Cal.Rptr.2d 140 (2001)

86 Cal.App.4th 1198

Morgan Victor MANDULEY et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest. Michael Rose et al., Petitioners, v. The Superior Court of San Diego County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

Review Granted April 25, 2001.


Attorney(s) appearing for the Case

William J. LaFond, Kerry L. Steigerwalt and Charles M. Sevilla, San Diego, for Petitioner Morgan Victor Manduley.

Haus & Damiani and Lisa J. Damiani, for Petitioner Steven James DeBoer.

Patrick Q. Hall, San Diego, for Petitioner Kevin Scott Williams.

Timothy A. Chandler, Alternate Public Defender, and Jose H. Varela, Deputy Alternate Public Defender, for Petitioner Adam Mitchell Ketsdever.

Michael D. McGlinn, for Petitioner Jason Wayne Beever.

Steven J. Carroll, Public Defender, Gary Nichols, Stewart Dadmun and Jo Pastore, Deputy Public Defenders, for Petitioner Michael Anthony Rose.

Marc B. Geller, San Diego, for Petitioner Nicholas Paul Fileccia.

Bardsley & Carlos, Francis J. Bardsley, San Diego, and Judith A. Litzenberger, for Petitioner Bradley Hunter Davidofsky.

Jordan Budd for American Civil Liberties Union of San Diego and Imperial Counties as Amicus Curiae on behalf of Petitioners.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Palo Alto, Steven L. Mayer, San Francisco, Kimberly Proctor; Robert Kim and Margaret C. Crosby for American Civil Liberties Union of Northern California, Inc. as Amicus Curiae on behalf of Petitioners.

Mark D. Rosenbaum, Los Angeles, for ACLU Foundation of Southern California as Amicus Curiae on behalf of Petitioners.

John T. Philipsborn, San Francisco, for California Attorneys for Criminal Justice as Amicus Curiae in support of Petitioners.

No appearance for Respondent.

Paul j. Pfingst, District Attorney, Thomas F. McArdle, Hector M. Jiminez and Anthony Lovett, Deputy District Attorneys, for Real Party in Interest.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Raquel M. Gonzalez and Patti W. Ranger, Deputy Attorneys General, for County as Amicus Curiae on behalf of Real Party in Interest.


McDONALD, J.

At the March 7, 2000, California general election the voters approved Proposition 21, the Gang Violence and Juvenile Crime Prevention Initiative (Proposition 21). Section 26 of Proposition 21, which became effective the day after the election, amended Welfare and Institutions Code section 707.1 The amendment replaced the former section 707, subdivision (d) in its entirety with...

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