David P. v. Superior Court

This petition, by a juvenile, challenges a determination that he is not a fit and proper subject to be dealt with under the Juve nile Court Law. He raises three claims which focus upon operation of recent amendments to Welfare and Institutions Code section 707. We accept his contention that the presumption of unfitness contained in subdivision (c) of section 707 does not apply to an allegation of attempted robbery. Thus, we grant the writ without reaching petitioner’s other claims.

Welfare and Institutions Code section 707, subdivision (a) provides that when a minor is alleged to be a person described in section 602 of the Welfare and Institutions Code because of a crime committed when 16 years old or older the court may evaluate certain criteria and determine that he or she is not a fit and proper subject for treatment under Juvenile Court Law. Under subdivisions (b) and (c) of section 707 (unless otherwise indicated all citations are to Welfare and Institutions Code), if the minor “is alleged to be a person described in Section 602 by reason of the violation” of 16 specified crimes, the minor “shall be presumed to be not a fit and proper subject to be dealt with under…