Citation 46 Cal. 4th 1007, 209 P.3d 946, 95 Cal. Rptr. 3d 615
People v. Nguyen
Petition for review after the Court of Appeal reversed a judgment of conviction of criminal offenses. This case presents the following issue: Can a prior juvenile adjudication of a criminal offense in California constitutionally subject a defendant to the provisions of the three strikes law (Pen. Code, ?? 667, subds. (b)-(i), 1170.12) although there is no right to a jury trial in juvenile wardship proceedings in this state?
Filed 8/19/09
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
S154847
v.
Ct.App. 6 H028798
VINCE VINHTUONG NGUYEN,
Santa Clara County
Defendant and Appellant.
Super. Ct. No. CC476520
___________________________________ )
ORDER MODIFYING OPINION
THE COURT:
On the court’s own motion, the opinion herein, filed on July 2, 2009, appearing at 46
Cal.4th 1007, is modified as follows:
The second sentence of the final paragraph on page 1020 is modified to read:
Except for the decision here under review, all California Court of Appeal panels to
address the issue in a published opinion, both before and after Apprendi, have squarely
held that the Fifth, Sixth, and Fourteenth Amendments permit the use of prior juvenile
adjudications to enhance the sentences for subsequent adult offenses, even though there is
no right to a jury trial in juvenile proceedings.
This modification does not affect the judgment.
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
S154847
v.
Ct.App. 6 H028798
VINCE VINHTUONG NGUYEN,
Santa Clara County
Defendant and Appellant.
Super. Ct. No. CC476520
___________________________________ )
ORDER MODIFYING OPINION
THE COURT:
On the court’s own motion, the opinion herein, filed on July 2, 2009, appearing at 46
Cal.4th 1007, is modified as follows:
The second sentence of the final paragraph on page 1020 is modified to read:
Except for the decision here under review, all California Court of Appeal panels to
address the issue in a published opinion, both before and after Apprendi, have squarely
held that the Fifth, Sixth, and Fourteenth Amendments permit the use of prior juvenile
adjudications to enhance the sentences for subsequent adult offenses, even though there is
no right to a jury trial in juvenile proceedings.
This modification does not affect the judgment.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: |
| Wed, 08/19/2009 | 46 Cal. 4th 1007, 209 P.3d 946, 95 Cal. Rptr. 3d 615 | S154847M | Review - Criminal Appeal | closed; remittitur issued |
Parties
| 1 |
Alternate Public Defender (Amicus curiae) Represented by Jonathan Todd Laba Contra Costa County Public Defender's Office 800 Ferry Street Martinez, CA |
| 2 |
Alternate Public Defender (Amicus curiae) Represented by Jessica Rachel Feierman Juvenile Law Center 1315 Walnut Street, Suite 400 Philadelphia, DC |
| 3 |
Alternate Public Defender (Amicus curiae) Represented by Maureen Theresa Pacheco Los Angeles County Public Defender's Office 9425 Penfield Avenue, 2nd Floor Chatsworth, CA |
| 4 |
California Public Defenders Association (Amicus curiae) Represented by Seth Flagsberg California Public Defenders' Asociation 10324 Placer Lane Sacramento, CA |
| 5 |
California Public Defenders Association (Amicus curiae) Represented by Michael S. Ogul California Public Defenders' Asociation 10324 Placer Lane Sacramento, CA |
| 6 |
Criminal Defense Clinic (Amicus curiae) Represented by Galit Lipa Criminal Law Clinic, Mills Legal Clinic at Stanford Law Scl 559 Nathan Abbott Way Stanford, CA |
| 7 |
Harris, Darren (Interested Entity/Party) Kern Valley State Prison P.O. Box 5101 Delano, CA |
| 8 |
Juvenile Division Of The Los Angeles Public Defender (Amicus curiae) Represented by Maureen Theresa Pacheco Los Angeles County Public Defender's Office 9425 Penfield Avenue, 2nd Floor Chatsworth, CA |
| 9 |
Juvenile Division Of The Los Angeles Public Defender (Amicus curiae) Represented by Jessica Rachel Feierman Juvenile Law Center 1315 Walnut Street, Suite 400 Philadelphia, DC |
| 10 |
Juvenile Division Of The Los Angeles Public Defender (Amicus curiae) Represented by Jonathan Todd Laba Contra Costa Coutny Public Defender's Office 800 Ferry Street Martinez, CA |
| 11 |
Juvenile Law Center (Amicus curiae) Represented by Jessica Rachel Feierman Juvenile Law Center 1315 Walnut Street, Suite 400 Philadelphia, DC |
| 12 |
Juvenile Law Center (Amicus curiae) Represented by Jonathan Todd Laba Contra Costa Coutny Public Defender's Office 800 Ferry Street Martinez, CA |
| 13 |
Juvenile Law Center (Amicus curiae) Represented by Maureen Theresa Pacheco Los Angeles County Public Defender's Office 9425 Penfield Avenue, 2nd Floor Chatsworth, CA |
| 14 |
Los Angeles County District Attorney (Amicus curiae) Represented by Roberta T. Schwartz Office of the District Attorney--Appellate Division 320 W. Temple Street, Suite 540 Los Angeles, CA |
| 15 |
National Center For Youth Law And Youth Law Center (Amicus curiae) Represented by Jessica Rachel Feierman Juvenile Law Center 1315 Walnut Street, Suite 400 Philadelphia, DC |
| 16 |
National Center For Youth Law And Youth Law Center (Amicus curiae) Represented by Jonathan Todd Laba Contra Costa Coutny Public Defender's Office 800 Ferry Street Martinez, CA |
| 17 |
National Center For Youth Law And Youth Law Center (Amicus curiae) Represented by Maureen Theresa Pacheco Los Angeles County Public Defender's Office 9425 Penfield Avenue, 2nd Floor Chatsworth, CA |
| 18 |
Nguyen, Vince Vinthuong (Defendant and Appellant) Represented by Michelle Marie Thomson The Law Offices of Douglas L. Rappaport 260 California Street, Suite 1002 San Francisco, CA |
| 19 |
Nguyen, Vince Vinthuong (Defendant and Appellant) Represented by Seth Flagsberg Santa Clara County Public Defender's Office 120 W. Mission Street San Jose, CA |
| 20 |
Nguyen, Vince Vinthuong (Defendant and Appellant) Represented by Douglas L. Rappaport The Law Offices of Douglas L. Rappaport 260 California Street, Suite 1002 San Francisco, CA |
| 21 |
Pacific Juvenile Defender Center (Amicus curiae) Represented by Jessica Rachel Feierman Juvenile Law Center 1315 Walnut Street, Suite 400 Philadelphia, PA |
| 22 |
Pacific Juvenile Defender Center (Amicus curiae) Represented by Jonathan Todd Laba Contra Costa Coutny Public Defender's Office 800 Ferry Street Martinez, CA |
| 23 |
Pacific Juvenile Defender Center (Amicus curiae) Represented by Maureen Theresa Pacheco Los Angeles County Public Defender's Office 9425 Penfield Avenue, 2nd Floor Chatsworth, CA |
| 24 |
The People (Plaintiff and Respondent) Represented by Eric D. Share Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA |
| Opinion Authors | |
| Opinion | Justice Marvin R. Baxter |
| Dissent | Justice Joyce L. Kennard |
| Disposition | |
| Jul 2 2009 | Opinion: Reversed |
| Dockets | |
| Jul 30 2007 |
Received premature petition for review The People, respondent by Eric D. Share, Deputy Attorney General |
| Jul 31 2007 |
Case start: Petition for review filed The People, Respondent by Eric D. Share, Deputy Attorney General |
| Jul 31 2007 | Record requested |
| Aug 2 2007 |
Received Court of Appeal record one file folder/briefs/transcript |
| Sep 21 2007 |
Time extended to grant or deny review The time for granting or denying review in the above-entitled matter is hereby extended to and including October 29, 2007, or the date upon which review is either granted or denied. |
| Oct 10 2007 |
Petition for review granted (criminal case) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ. |
| Oct 29 2007 |
Request for extension of time filed The People requesting to December 10, 2007, to file opening brief on the merits (to court for permission) |
| Oct 31 2007 |
Extension of time granted On application of respondent and good cause appearing, it is ordered that the time to serve and file the opening brief on the merits is extended to and including December 10, 2007. |
| Dec 4 2007 |
Application for relief from default filed Eric D. Share, Deputy Attorney General, counsel for respondent requesting relief to file the opening brief on the merits in excess of 14,000 words (to court for permission) |
| Dec 5 2007 |
Opening brief on the merits filed The People, Plaintiff and Respondent Eric D. Share, counsel (filed w/permission) |
| Dec 14 2007 |
Request for extension of time filed Michelle M. Thomson counsel for appellant requesting 60-day extension of time to March 4, 2008, to file answer brief on the merits (to court for permission to file) |
| Dec 31 2007 |
Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including February 4, 2008. |
| Jan 23 2008 |
Request for extension of time filed Michelle M. Thomson counsel for appellant requesting 30-day extension of time to March 5, 2008, to file answer brief on the merits (to court for permission to file) |
| Jan 31 2008 |
Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including March 5, 2008. No further extensions of time are contemplated. |
| Mar 4 2008 |
Answer brief on the merits filed Vince Vinthuong Nguyen, Defendant and Appellant. Michelle M. Thomson & Douglas L. Rappaport, counsel |
| Mar 13 2008 |
Request for extension of time filed Eric D. Share, Deputy Attorney General, for The People requesting to April 7 to file reply brief on the merits. (to court for permission to file) |
| Mar 18 2008 |
Extension of time granted On application of respondent and good cause appearing, it is ordered that the time to serve and file the reply brief on the merits is extended to and including April 7, 2008. No further extensions of time are contemplated. |
| Mar 27 2008 |
Reply brief filed (case fully briefed) The People, Plaintiff and Respondent Eric D. Share, Deputy Attorney General |
| Apr 7 2008 |
Received application to file Amicus Curiae Brief and application to file oversized brief. California Public Defenders Association in support of Appellant. by Seth Flagsberg, counsel |
| Apr 16 2008 |
Permission to file amicus curiae brief granted The application of California Public Defenders Association for permission to file an oversized amicus curiae brief in support of appellant is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Apr 16 2008 |
Amicus curiae brief filed California Public Defenders Association, Seth Flagsberg, Deputy Public Defender and Michael Ogul, Chief Deputy Public Defender |
| Apr 25 2008 |
Received application to file Amicus Curiae Brief Los Angeles County District Attorney [in support of resp] ~Deputy District Attorneys Lael Rubin, Phyllis Asayama and Roberta Schwartz |
| Apr 28 2008 |
Received application to file Amicus Curiae Brief Galit Lipa counsel for amici Criminal Defense Clinic, Mills Legal Clinic of Stanford Law School in support of respondent. (to court for permission to file) |
| Apr 30 2008 |
Received application to file Amicus Curiae Brief from Jessica Feierman counsel for amici Pacific Juvenile Defender Center et al. in support of appellant (CRC, rule 8.25(b) - UPS Next Day Air) (to court for permission to file) |
| Apr 30 2008 |
Permission to file amicus curiae brief granted The application of Criminal Defense Clinic, Mills Legal Clinic of Stanford Law School for permission to file an amicus curiae brief in support of respondent is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Apr 30 2008 |
Amicus curiae brief filed Criminal Defense Clinic, Mills Legal Clinic of Stanford Law School in support of respondent. Galit Lipa, counsel |
| Apr 30 2008 |
Permission to file amicus curiae brief granted The application of Los Angeles County District Attorney for permission to file an amicus curiae brief in support of respondent is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Apr 30 2008 |
Amicus curiae brief filed Los Angeles County District Attorney in support of respondent. Roberta Schwartz, Deputy District Attorney |
| May 6 2008 |
Permission to file amicus curiae brief granted The application of Pacific Juvenile Defender Center, Juvenile Law Center, Juvenile Division of the Los Angeles Public Defender, Alternate Pubic Defender, National Center for Youth Law and Youth Law Center for permission to file an amicus curiae brief in support of appellant is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 6 2008 |
Amicus curiae brief filed Pacific Juvenile Defender Center, Juvenile Law Center, Juvenile Division of the Los Angeles Public Defender, Alternate Pubic Defender, National Center for Youth Law and Youth Law Center in in support of appellant. Jessica Feierman, Jonathan Laba and Maureen Pacheco, counsel |
| Jul 10 2008 |
Received: letter from Maureen Pacheco counsel for Amici Curiae Pacific Juvenile Defender Center with a copy of a recently decided case. |
| Mar 11 2009 |
Case ordered on calendar to be argued Monday, April 6, 2009, at 1:30 p.m., in Los Angeles |
| Mar 16 2009 |
Filed: Letter from Douglas L. Rappaport, counsel for appellant Nguyen, asking to delay argument until the last week of May. |
| Mar 16 2009 |
Order filed Appellant's request to reschedule oral argument from April 2009 to a later date, filed March 13, 2009, is denied. |
| Mar 23 2009 |
Supplemental brief filed by the respondent, citing case: Apprendi v. New Jersey (2000) 530 U.S. 466. by Eric D. Share, deputy attorney general |
| Apr 6 2009 | Cause argued and submitted |
| Apr 8 2009 |
Received: additional authorities regarding "History of the Juvenile Trial Right", from counsel for the appellant. |
| Jul 1 2009 | Notice of forthcoming opinion posted |
| Jul 2 2009 |
Opinion filed: Judgment reversed Majority Opinion by: Baxter, J. -----joined by: George, C.J., Werdegar, Chin, Moreno, and Corrigan, JJ. Dissenting Opinion by: Kennard, J. |
| Jul 17 2009 |
Rehearing petition filed Vince Vinthuong Nguyen, Defendant and Appellant. Douglas L. Rappaport and Michelle M. Thomson, counsel. |
| Jul 20 2009 |
Time extended to consider modification or rehearing The time for granting or denying rehearing in the above-entitled case is hereby extended to and including September 30, 2009, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| Aug 19 2009 |
Rehearing denied; opinion modified Kennard, J., is of the opinion the petition should be granted. |
| Aug 19 2009 | Opinion modified - no change in judgment |
| Aug 19 2009 | Remittitur issued |
| Aug 24 2009 |
Received: Receipt for remittitur |
| Briefs | |
| Dec 5 2007 |
Opening brief on the merits filed The People, Plaintiff and Respondent Eric D. Share, counsel (filed w/permission) |
| Mar 4 2008 |
Answer brief on the merits filed Vince Vinthuong Nguyen, Defendant and Appellant. Michelle M. Thomson & Douglas L. Rappaport, counsel |
| Mar 27 2008 |
Reply brief filed (case fully briefed) The People, Plaintiff and Respondent Eric D. Share, Deputy Attorney General |
| Apr 16 2008 |
Amicus curiae brief filed California Public Defenders Association, Seth Flagsberg, Deputy Public Defender and Michael Ogul, Chief Deputy Public Defender |
| Apr 30 2008 |
Amicus curiae brief filed Criminal Defense Clinic, Mills Legal Clinic of Stanford Law School in support of respondent. Galit Lipa, counsel |
| Apr 30 2008 |
Amicus curiae brief filed Los Angeles County District Attorney in support of respondent. Roberta Schwartz, Deputy District Attorney |
| May 6 2008 |
Amicus curiae brief filed Pacific Juvenile Defender Center, Juvenile Law Center, Juvenile Division of the Los Angeles Public Defender, Alternate Pubic Defender, National Center for Youth Law and Youth Law Center in in support of appellant. Jessica Feierman, Jonathan Laba and Maureen Pacheco, counsel |
| Brief Downloads | |
| OpeningBrief for AG.pdf (15907711 bytes) - Opening Brief on the Merits by CA Attorney General's Office | |
| Answer Brief for Nguyen.pdf (199561 bytes) - Answer Brief on the Merits for Nguyen | |
| ReplyBrief by AG.pdf (3719218 bytes) - Reply Brief on the Merits by CA Attorney General's Office | |
| Nguyen-amicus Juvie Centers.pdf (1335398 bytes) - Amicus Brief on behalf of Pacific Juvenile Defender Center and others | |
| Nguyen Amicus Mills Legal Clinic.pdf (78093 bytes) - Amicus Brief on behalf of Mills Legal Clinic, Stanford Law School | |
| Nguyen Amicus Br Cal Pub Defenders.pdf (181502 bytes) - Amicus Brief on behalf of California Public Defenders Association |
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website.
