Solano

Introduction

A felony complaint was filed directly in the criminal court against petitioner Raul Hernandez Solano, a minor, pursuant to Welfare and Institutions Code section 707, subdivision (d)(2). Following a preliminary hearing, the magistrate did not hold petitioner to answer for any crime that would permit direct filing in the criminal court under that section. The district attorney then filed an information charging the same crimes alleged in the complaint to challenge the magistrate’s probable cause findings. Petitioner moved to dismiss the information. (Pen. Code, § 995.) The criminal court denied the motion to dismiss, and petitioner filed a petition for a writ of mandate and/or prohibition.

In this case of first impression, we hold that under Welfare and Institutions Code section 707, subdivision (d)(4), the prosecuting attorney may file an information challenging a magistrate’s finding of lack of reasonable cause on a complaint filed in the criminal court before any transfer of the case to the juvenile court. We therefore deny the petition.

Statement of Facts and Procedural History

On December 10, 2006, 15-year-old petitioner, Adriana Delmoro, Randy Garcia,…