In Re Shanea J.

Introduction

Appellant, (a minor), appeals from an order of the juvenile court sustaining an allegation of robbery in violation of Penal Code section 211. Two issues are presented by this appeal. First, whether a judgment sustaining a petition in juvenile court must be reversed for lack of jurisdiction on the ground that the minor was previously determined to be not amenable to treatment under the juvenile court system. Second, if the juvenile court conviction must be reversed, whether the prohibition against double jeopardy prevents the minor’s trial as an adult. The second issue appears to be a matter of first impression in California.

We hold the juvenile court was indeed without jurisdiction over the minor and hence its judgment must be reversed. We also hold that since the proscription against double jeopardy does not preclude a new trial when a defendant files an appeal based on trial error, the minor may face trial in superior court.

I. Facts and Proceedings Below

Resolution of this appeal requires an examination of three separate petitions filed against appellant under Welfare and Institutions Code (W & IC) section 602.

Petition number one, filed October 27,…