In Re Harris

I concur in the result.

I agree with the majority that petitioner is entitled to relief on habeas corpus. He collaterally attacks a judgment of conviction and sentence entered by the superior court on a jury’s verdict. He claims that the superior court was without jurisdiction. Persuasively so. “[T]he juvenile courts exercise exclusive jurisdiction over all minors under the age of 16; these children *852 cannot otherwise be tried as criminal offenders.” (In re Gladys R. (1970) 1 Cal.3d 855, 862 [ 83 Cal.Rptr. 671 , 464 P.2d 127 ]; accord, e.g., T.N.G. v. Superior Court (1971) 4 Cal.3d 767, 784 [ 94 Cal.Rptr. 813 , 484 P.2d 981 ].) Petitioner committed the offenses in question when he was 15 years of age. As a result, the superior court lacked jurisdiction. The defect “render[s] the judgment void . . . .” (4 Witkin & Epstein, Cal. Criminal Law (2d ed. 1989) Jurisdiction and Venue, § 1822, p. 2159.) It “cannot be waived . . . .” (6 Witkin & Epstein, Cal. Criminal Law, supra, Extraordinary Writs, § 3349, p. 4153.) 1 It “can always be attacked by habeas corpus . . . .” (6 Witkin & Epstein, op. cit. supra, at p. 4153.) Put differently, it can never be “procedurally barred.”

In other…

LUCAS.C.J.

Charles Harris was convicted of second degree murder (Pen. Code, §§ 187, 189; all further statutory references are to the Penal Code unless otherwise indicated), seven counts of attempted murder (§§ 664, 187), and two counts of robbery (§ 211). [1] He seeks a writ of habeas corpus, claiming, inter alia, that the superior court lacked subject matter jurisdiction over him because he had not attained the age of 16 at the time the offenses were committed. Although we conclude the superior court possessed subject matter jurisdiction, we find that, for other reasons, the writ should issue, but that petitioner's relief should be limited to a remand for a determination of a new disposition consistent with his status as a juvenile at the time of the crimes.

Petitioner was born on October 21, 1968. The homicide-related crimes for which he was convicted occurred on October 20, 1984, the day before his 16th birthday. Unrelated robberies occurred on October 5, 1984. The People initially proceeded against petitioner in juvenile court, but sought a fitness hearing to have him tried as an adult. (See Welf. & Inst. Code, § 707.) Petitioner filed a motion prior to the fitness…

Charles Harris was convicted of second degree murder (Pen. Code, §§ 187, 189; all further statutory references are to the Penal Code unless otherwise indicated), seven counts of attempted murder (§§ 664, 187), and two counts of robbery (§ 211). 1 He seeks a writ of habeas corpus, claiming, inter alia, that the superior court lacked subject matter jurisdiction over him because he had not attained the age of 16 at the time the offenses were committed. Although we conclude the superior court possessed subject matter jurisdiction, we find that, for other reasons, the writ should issue, but that petitioner’s relief should be limited to a remand for a determination of a new disposition consistent with his status as a juvenile at the time of the crimes.

facts

Petitioner was born on October 21, 1968. The homicide-related crimes for which he was convicted occurred on October 20, 1984, the day before his *824 16th birthday. Unrelated robberies occurred on October 5, 1984. The People initially proceeded against petitioner in juvenile court, but sought a fitness hearing to have him tried as an adult. (See Welf. & Inst. Code, § 707.) Petitioner filed a motion prior to the fitness…