JOEY W. v. Superior Court

Petitioner, Joey W. (Joey), seeks a writ of mandate after he unsuccessfully moved under Rucker v. Superior Court (1977) 75 Cal.App.3d 197 [ 141 Cal.Rptr. 900 ] (Rucker) to be determined unfit for disposition in juvenile court for crimes allegedly committed when he was 17 years of age but which were to be tried after his 18th birthday. The offenses allegedly occurred after Joey escaped from the Juvenile Ranch Facility where he had been committed by the juvenile court pursuant to Welfare and Institutions Code section 602 proceedings. Joey’s request is predicated on his conclusion he has an absolute right to be determined unfit for juvenile disposition under section 707 solely because of his age. We conclude no such absolute right exists and the juvenile court retains discretion to determine whether the individual is fit for juvenile process pursuant to the criteria set forth in section 707. However, because this record does not show whether the court properly exercised its discretion, we remand for further proceedings.

Procedural and Factual Background

Joey has a long history within the juvenile court. At 15 he was first declared a ward for possessing stolen property.…