Venegas

This matter has been transferred here from the Supreme Court (S055929) with directions to vacate our previous decision and to reconsider the cause in light of People v. Davis (1997) 15 Cal.4th 1096 [ 64 Cal.Rptr.2d 879 , 938 P.2d 938 ].

I

In our earlier opinion, we reversed the judgment of conviction after a defendant was found guilty of violating Penal Code section 12021, subdivision (e), which makes it a crime for certain juveniles to possess a firearm until the age of 30. We held that the conviction was subject to reversal since no juvenile court expressly found defendant to be a fit and proper subject to be dealt with under juvenile court law. We reasoned that by including express reference to a finding of fitness in Penal Code section 12021, subdivision (e), the Legislature intended that the prior juvenile offense must be one that the prosecutor or court considered so egregious as to warrant the filing of a Welfare and Institutions Code section 707 petition and the evaluation of the minor with supporting findings.

In People v. Davis, supra, 15 Cal.4th 1096 , the Supreme Court interpreted a similar statute and reached the opposite conclusion. The court held that…