People v. Superior Court (Zaharias M.)

Introduction

The issue in this mandate proceeding is whether the trial court erred in finding that Zaharias M., a 16-year-old accused of committing, along with 3 companions, a bank robbery while using a gun, was fit to be dealt with under the juvenile court law. Our analysis of case precedent and the governing statutory scheme compels the conclusion that the trial court’s decision was erroneous as a matter of law. We therefore issue a writ of mandate to compel the trial court to vacate its order and to enter an order finding Zaharias M. unfit for juvenile court proceedings.

Factual and Procedural Background

A petition was filed in the juvenile court alleging that 16-year-old Zaharias M. came within the provisions of Welfare and Institutions Code section 602 because he had committed a robbery (Pen. Code, § 211) and had used a deadly weapon, a handgun, during commission of the offense (Pen. Code, § 12022, subd. (b)). The nature of the offense (§ 707, subd. (b)(3)) triggered the statutory presumption that Zaharias M. was “not a fit and proper subject to be dealt with under the juvenile court law” (§ 707, subd. (c)). Accordingly, the People moved the trial court to make…