In Re James G.

In this case we hold that a juvenile court retains exclusive jurisdiction over a minor who commits crimes at age 15, even though with respect to later crimes committed at age 16 the juvenile court finds the minor unfit to be dealt with under juvenile law.

Procedural Background

On February 24, 1983, appellant, James G., was charged in a petition, filed pursuant to Welfare and Institutions Code section 602, with three separate acts of rape (Pen. Code, § 261, subd. (2)), all in concert with others (Pen. Code, § 264.1), three separate acts of oral copulation (Pen. Code, § 288a, subd. (d)), and one act of kidnaping (Pen. Code, § 207). Appellant was 15 years of age at the time he allegedly committed the crimes charged. He denied the allegations and was released to his mother on home supervision.

On May 16, 1983, another petition was filed alleging that on May 12, 1983, appellant, now age 16, had committed an act of kidnaping (Pen. Code, § 207), with the use of a handgun (Pen. Code, § 12022.5), unlawfully possessed a concealable firearm (Pen. Code, §§ 12021.5, 12025, subd. (b)), and unlawfully carried a loaded firearm in a public place (Pen. Code, § 12031, subd. (a)).…