Johnson v. Superior Court

Petitioner contends that he was not an adult at the time the offense with which he is charged was committed. We agree and hold that a juvenile attains age 18 on his birthday rather than on the day before his birthday.

Petitioner was initially charged by complaint with an offense occurring on August 12, 1988. Upon learning that petitioner was born on August 13, 1970, the municipal court suspended proceedings and the case was transferred to the San Francisco Superior Court, Juvenile Division. There a petition pursuant to section 602, of the Welfare and Institutions Code, was filed alleging the following offenses: count 1, robbery on July 25, 1988, in violation of section 212.5, subdivision (b), of the Penal Code; count 2, possession of a controlled substance on July 25, 1988, in violation of section 11377, subdivision (a), of the Health and Safety Code; count 3, robbery on August 12, 1988, in violation of section 212.5, subdivision (b), of the Penal Code, with a great bodily injury allegation pursuant to section 12022.7, of the Penal Code. A jurisdictional hearing was held on October 25, 1988, at which count 3 was sustained and counts 1 and 2 were dismissed. The case was…