People v. Superior Court (Rodrigo O.)

found 17-year-old Rodrigo O. to be a fit subject to be dealt with under juvenile court law. The People contend the court erroneously based its finding on irrelevant alibi evidence and that Rodrigo failed to rebut the presumption of unfitness under Welfare and Institutions Code section 707, subdivision (c). We agree and grant the petition.

Factual and Procedural Background

The Petition

The People filed a petition in juvenile court alleging Rodrigo assaulted another with a firearm (Pen. Code, §§ 245, subd. (a)(2), 12022.5 [count I]), maliciously discharged a firearm at an occupied motor vehicle (Pen. Code, § 246 [count II]), willfully discharged a firearm in a grossly negligent manner (Pen. Code, § 246.3 [count III]), and exhibited a firearm in a rude, angry and threatening manner (Pen. Code, § 417, subd. (a) [count IV]).

The People also alleged Rodrigo was not a fit and proper subject to be dealt with under the juvenile court law, based upon Rodrigo’s age, the nature of the crimes he allegedly committed (§ 707, subd. (b)(13), (b)(15) and (b)(17)), his criminal sophistication (§ 707, subd. (a)(1)), the inability to rehabilitate him prior to the expiration of juvenile…