WILLIAMS v. SUPERIOR COURT

No. D038141.

113 Cal.Rptr.2d 860 (2001)

93 Cal.App.4th 1408

Charles Andrew WILLIAMS, Petitioner, 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 February 20, 2002.

Review Dismissed May 15, 2002.


Attorney(s) appearing for the Case

Steven J. Carroll, Public Defender, Gary R. Nichols, Jo Pastore, Robert Rexrode, Deputy Public Defenders, for Petitioner.

John T. Philipsborn, San Francisco, for California Attorneys for Criminal Justice, upon the request of the Court of Appeal, as Amicus Curiae on behalf of Petitioner.

No appearance by Respondent.

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Anthony Lovett, Deputy District Attorneys, for Real Party in Interest.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Laura Whitcomb Halgren and Patti W. Ranger, Deputy Attorneys General, upon the request of the Court of Appeal, as Amicus Curiae.

Gary T. Yancey, District Attorney (Contra Costa) and L. Douglas Pipes, Deputy District Attorney for the California District Attorneys Association, upon the request of the Court of Appeal, as Amicus Curiae.


HUFFMAN, Acting P.J.

This petition challenges the constitutionality of Welfare and Institutions Code (W & I) section 602, subdivision (b)(1), enacted by section 18 of Proposition 21, the "Gang Violence and Juvenile Crime Prevention" initiative (hereafter Proposition 21).1 Under W & I section 602, subdivision (b)(1), a minor age 14 or older who is alleged to have committed enumerated offenses must be prosecuted in adult rather than...

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