Scott

INTRODUCTION

Petitioner and defendant Javante Scott (Scott) seeks a writ of habeas corpus

compelling respondent court to conditionally vacate his conviction and sentence and

remand the matter to the juvenile court for further proceedings. After reviewing the writ

petition, this court invited respondent and real party in interest to file a response.

Respondent filed an informal response conceding petitioner is entitled to relief. We deem

the concession to be a waiver of respondent’s right to the issuance of an order to show

cause or further habeas proceedings, and therefore grant the petition for writ of habeas

corpus. (People v. Romero (1994) 8 Cal.4th 728, 740, fn. 7.)

FACTUAL AND PROCEDURAL HISTORY

In 2009, when petitioner was 16, he committed a drive-by shooting of three

unarmed non-gang related youths, hitting and seriously injuring one of them. Petitioner

was convicted of three counts of attempted murder, each with firearm and gang

enhancements, and was sentenced to 120 years to life. He appealed and the judgment

was affirmed with a slight modification to the sentence. The Supreme Court denied

review.

In 2013, petitioner filed a habeas petition in the superior…