JUAN T. v. Superior Court

The juvenile court found that petitioner Juan T. was not a fit or proper subject for treatment under the Juvenile Court Law (Welf. & Inst. Code, § 707), and dismissed a petition filed in juvenile court charging him with three counts of robbery (Pen. Code, § 211), and one count of murder (Pen. Code, § 187), and directed that he be prosecuted as an adult.

In this mandate proceeding, we have concluded that because—as alleged by petitioner —no reasons were stated by the juvenile court in declaring the minor to be unfit, we are unable to tell from this record whether it properly exercised its discretion. We therefore grant a peremptory writ vacating the order of the juvenile court, to permit that court to reconsider its decision and, if it is still of the opinion that petitioner is unfit to be treated as a juvenile, to set forth the reasons for its conclusion.

Facts

In February 1975 a petition was filed under section 602 of the Welfare and Institutions Code alleging that petitioner had committed murder and three robberies. A hearing was held to determine petitioner’s fitness to be treated as a juvenile. The juvenile court had before it a copy of the police investigation and…