RENE C. v. Superior Court
Opinion
Opinion
Spencer, J.
INTRODUCTION
In this mandate proceeding, Rene C. seeks relief from the juvenile court’s order declaring that he is not a fit and proper subject to be dealt with under the juvenile court law. We grant his writ petition.
FACTUAL AND PROCEDURAL BACKGROUND
On February 3, 2005, the People filed a petition pursuant to Welfare and Institutions Code section 602, alleging that when Rene was 14 years of age he committed the crimes of murder (Pen. Code, § 187; count 1), attempted murder (id., §§ 187, 664; count 2) and assault with a firearm (id., § 245, subd. (a)(2); count 3). The People also alleged numerous firearm and great bodily injury enhancements. (Id., §§ 12022.53, subds. (b), (c), (d) (counts 1 & 2), 12022, subd. (a)(1) (count 1), 12022.7, subd. (a) (counts 2 & 3), 12022.5 (count 3).) Due to the nature of the offenses alleged, Rene statutorily was presumed not to be a fit and proper subject to be dealt with under the juvenile court law (§ 707, subds. (b)(1), (12) & (13), (c)). The People consequently moved the court for an order declaring Rene unfit so they could try him as an adult.
On May 24, 2005, the juvenile court conducted an Edsel P. hearing, which was followed…