Gabriel M. v. Super. Ct.

BACKGROUND

In August 2022, the People filed a juvenile wardship petition against Gabriel,

which the People amended in December 2022. (Welf. & Inst. Code, § 602, subd. (a).)

The amended petition alleges that when Gabriel was 17 years old he committed one count

of murder (Pen. Code, § 187, subd. (a)), one count of robbery (Pen. Code, § 211), and

one count of active gang participation (Pen. Code, § 186.22, subd. (a)).1 At a detention

hearing in August 2022, the juvenile court ordered Gabriel detained in juvenile hall,

finding detention necessary to protect Gabriel and to protect others or their property.

(See Welf. & Inst. Code, § 628, subd. (a)(1).)

The prosecution moved under section 707 to transfer Gabriel to criminal court.

The juvenile court granted the motion at a hearing on May 15, 2024, when Gabriel was

19 years old.

At the same hearing, immediately after granting the People’s motion, the juvenile

court scheduled an arraignment for Gabriel in criminal court. Defense counsel interjected

and notified the court that Gabriel intended to appeal from the transfer order and that rule

5.770(e)(2) required the court to issue a stay of the criminal court proceedings…