Is Prop 57 Retroactive to Then-Pending Juvenile Cases?

No is the answer to the rhetorical question posed in the title to this blog post, but why? To answer that, it is best that one understand the case of Jeremiah Charlie Brewer, who was sentenced to 25 years to life for a crime he committed while age 16 and in a case that was filed directly in adult criminal court. Brewer appealed the filing because after Prop 57 was passed, every criminal case against a juvenile had to be filed first in juvenile court and then be subject to a transfer hearing. The Fifth Appellate Court denied his appeal, reasoning that Prop 57 did not necessarily reduce punishment, so it was not retroactive. To read more about this case, click on the following link –

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