Pettis

Appellant Kenneth M. Pettis, 18 years old and charged with burglary, was proceeded against by way of preliminary examination in the municipal court He moved to have the case certified to the juvenile court under Welfare and Institutions Code section 604. This section as it applies to minors of ages 18 through 21 states: “(b) Whenever a case is pending in any court upon an accusatory pleading and it appears to the satisfaction of the judge that the person charged is under the age of 21 years, the judge may certify the case to the juvenile court of his county. . . (Italics added.)

The magistrate denied the motion after stating (as alleged by Kenneth— no transcript was made available to this court) that the accused “may very well be suited for treatment by the Juvenile Court, but that until the delays in processing referral cases were eliminated, it would no longer certify any case for consideration, regardless of the situation.”

Kenneth then sought to prevent further preliminary proceedings by “Petition for Writ of Prohibition/Mandamus” in the superior court. Upon reading and considering the petition that court by a written order summarily denied relief. It is from that…