AA

FACTUAL AND PROCEDURAL BACKGROUND

On October 9, 2003, the People filed a petition alleging 13-year-old A.A. (A.) is a person described in Welfare and Institutions Code section 602, he committed robbery, theft, and assault with a deadly weapon by means of force likely to produce great bodily injury and he was in custody. On October 10 A. denied the charges and the court continued his detention pending further hearing. At the October 30 settlement conference, with the concurrence of A.’s counsel and the attorneys for two co-minors who were alleged to have participated in the offenses, the court confirmed the date of the adjudication hearing was November 3.

On November 3 counsel for two co-minors failed to appear and the attorneys specially appearing for them requested a continuance. A.’s counsel reported for the hearing ready to proceed. The People also were ready to proceed. However, the People asked the court to continue the matter pursuant to Penal Code section 1050.1 in lieu of severing the co-minors and argued, among other things, it would be unfair to the victim to proceed with separate trials. After a discussion about severance and other matters, the court…