Supreme Court of California Justia
Citation 46 Cal. 4th 1007, 209 P.3d 946, 95 Cal. Rptr. 3d 615

People v. Nguyen

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.


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?

Opinion Information
Date:Citation:Docket Number:Category:Status:
Wed, 08/19/200946 Cal. 4th 1007, 209 P.3d 946, 95 Cal. Rptr. 3d 615S154847MReview - Criminal Appealclosed; remittitur issued

Parties
1The People (Plaintiff and Respondent)
Represented by Eric D. Share
Office of the Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA

2Nguyen, 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

3Nguyen, Vince Vinthuong (Defendant and Appellant)
Represented by Seth Flagsberg
Santa Clara County Public Defender's Office
120 W. Mission Street
San Jose, CA

4Nguyen, 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

5California Public Defenders Association (Amicus curiae)
Represented by Seth Flagsberg
California Public Defenders' Asociation
10324 Placer Lane
Sacramento, CA

6California Public Defenders Association (Amicus curiae)
Represented by Michael S. Ogul
California Public Defenders' Asociation
10324 Placer Lane
Sacramento, CA

7Criminal Defense Clinic (Amicus curiae)
Represented by Galit Lipa
Criminal Law Clinic, Mills Legal Clinic at Stanford Law Scl
559 Nathan Abbott Way
Stanford, CA

8Los 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

9Pacific Juvenile Defender Center (Amicus curiae)
Represented by Jessica Rachel Feierman
Juvenile Law Center
1315 Walnut Street, Suite 400
Philadelphia, PA

10Pacific Juvenile Defender Center (Amicus curiae)
Represented by Jonathan Todd Laba
Contra Costa Coutny Public Defender's Office
800 Ferry Street
Martinez, CA

11Pacific Juvenile Defender Center (Amicus curiae)
Represented by Maureen Theresa Pacheco
Los Angeles County Public Defender's Office
9425 Penfield Avenue, 2nd Floor
Chatsworth, CA

12Juvenile Law Center (Amicus curiae)
Represented by Jessica Rachel Feierman
Juvenile Law Center
1315 Walnut Street, Suite 400
Philadelphia, DC

13Juvenile Law Center (Amicus curiae)
Represented by Jonathan Todd Laba
Contra Costa Coutny Public Defender's Office
800 Ferry Street
Martinez, CA

14Juvenile Law Center (Amicus curiae)
Represented by Maureen Theresa Pacheco
Los Angeles County Public Defender's Office
9425 Penfield Avenue, 2nd Floor
Chatsworth, CA

15Juvenile 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

16Juvenile Division Of The Los Angeles Public Defender (Amicus curiae)
Represented by Jessica Rachel Feierman
Juvenile Law Center
1315 Walnut Street, Suite 400
Philadelphia, DC

17Juvenile 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

18Alternate Public Defender (Amicus curiae)
Represented by Jonathan Todd Laba
Contra Costa County Public Defender's Office
800 Ferry Street
Martinez, CA

19Alternate Public Defender (Amicus curiae)
Represented by Jessica Rachel Feierman
Juvenile Law Center
1315 Walnut Street, Suite 400
Philadelphia, DC

20Alternate Public Defender (Amicus curiae)
Represented by Maureen Theresa Pacheco
Los Angeles County Public Defender's Office
9425 Penfield Avenue, 2nd Floor
Chatsworth, CA

21National 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

22National 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

23National 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

24Harris, Darren (Interested Entity/Party)
Kern Valley State Prison
P.O. Box 5101
Delano, CA


Opinion Authors
OpinionJustice Marvin R. Baxter
DissentJustice Joyce L. Kennard

Disposition
Jul 2 2009Opinion: Reversed

Dockets
Jul 30 2007Received premature petition for review
The People, respondent by Eric D. Share, Deputy Attorney General
Jul 31 2007Case start: Petition for review filed
The People, Respondent by Eric D. Share, Deputy Attorney General
Jul 31 2007Record requested
Aug 2 2007Received Court of Appeal record
one file folder/briefs/transcript
Sep 21 2007Time 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 2007Petition for review granted (criminal case)
Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Oct 29 2007Request 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 2007Extension 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 2007Application 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 2007Opening brief on the merits filed
The People, Plaintiff and Respondent Eric D. Share, counsel (filed w/permission)
Dec 14 2007Request 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 2007Extension 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 2008Request 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 2008Extension 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 2008Answer brief on the merits filed
Vince Vinthuong Nguyen, Defendant and Appellant. Michelle M. Thomson & Douglas L. Rappaport, counsel
Mar 13 2008Request 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 2008Extension 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 2008Reply brief filed (case fully briefed)
The People, Plaintiff and Respondent Eric D. Share, Deputy Attorney General
Apr 7 2008Received 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 2008Permission 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 2008Amicus curiae brief filed
California Public Defenders Association, Seth Flagsberg, Deputy Public Defender and Michael Ogul, Chief Deputy Public Defender
Apr 25 2008Received 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 2008Received 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 2008Received 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 2008Permission 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 2008Amicus curiae brief filed
Criminal Defense Clinic, Mills Legal Clinic of Stanford Law School in support of respondent. Galit Lipa, counsel
Apr 30 2008Permission 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 2008Amicus curiae brief filed
Los Angeles County District Attorney in support of respondent. Roberta Schwartz, Deputy District Attorney
May 6 2008Permission 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 2008Amicus 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 2008Received:
letter from Maureen Pacheco counsel for Amici Curiae Pacific Juvenile Defender Center with a copy of a recently decided case.
Mar 11 2009Case ordered on calendar
to be argued Monday, April 6, 2009, at 1:30 p.m., in Los Angeles
Mar 16 2009Filed:
Letter from Douglas L. Rappaport, counsel for appellant Nguyen, asking to delay argument until the last week of May.
Mar 16 2009Order filed
Appellant's request to reschedule oral argument from April 2009 to a later date, filed March 13, 2009, is denied.
Mar 23 2009Supplemental 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 2009Cause argued and submitted
Apr 8 2009Received:
additional authorities regarding "History of the Juvenile Trial Right", from counsel for the appellant.
Jul 1 2009Notice of forthcoming opinion posted
Jul 2 2009Opinion 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 2009Rehearing petition filed
Vince Vinthuong Nguyen, Defendant and Appellant. Douglas L. Rappaport and Michelle M. Thomson, counsel.
Jul 20 2009Time 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 2009Rehearing denied; opinion modified
Kennard, J., is of the opinion the petition should be granted.
Aug 19 2009Opinion modified - no change in judgment
Aug 19 2009Remittitur issued
Aug 24 2009Received:
Receipt for remittitur

Briefs
Dec 5 2007Opening brief on the merits filed
The People, Plaintiff and Respondent Eric D. Share, counsel (filed w/permission)
Mar 4 2008Answer brief on the merits filed
Vince Vinthuong Nguyen, Defendant and Appellant. Michelle M. Thomson & Douglas L. Rappaport, counsel
Mar 27 2008Reply brief filed (case fully briefed)
The People, Plaintiff and Respondent Eric D. Share, Deputy Attorney General
Apr 16 2008Amicus curiae brief filed
California Public Defenders Association, Seth Flagsberg, Deputy Public Defender and Michael Ogul, Chief Deputy Public Defender
Apr 30 2008Amicus curiae brief filed
Criminal Defense Clinic, Mills Legal Clinic of Stanford Law School in support of respondent. Galit Lipa, counsel
Apr 30 2008Amicus curiae brief filed
Los Angeles County District Attorney in support of respondent. Roberta Schwartz, Deputy District Attorney
May 6 2008Amicus 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
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OpeningBrief for AG.pdf (15907711 bytes) - Opening Brief on the Merits by CA Attorney General's Office
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Answer Brief for Nguyen.pdf (199561 bytes) - Answer Brief on the Merits for Nguyen
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ReplyBrief by AG.pdf (3719218 bytes) - Reply Brief on the Merits by CA Attorney General's Office
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Nguyen-amicus Juvie Centers.pdf (1335398 bytes) - Amicus Brief on behalf of Pacific Juvenile Defender Center and others
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Nguyen Amicus Mills Legal Clinic.pdf (78093 bytes) - Amicus Brief on behalf of Mills Legal Clinic, Stanford Law School
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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