In Re Ivan T.

People v. Ivan T.

Good Law
1999 Cal. App. LEXIS 1040·76 Cal. App. 4th 624·90 Cal. Rptr. 2d 588·99 Daily Journal DAR 12069·99 Cal. Daily Op. Serv. 9392
Court of Appeal of CaliforniaNovember 30, 1999B121155California3,372 words

Opinion

Opinion

Kitching, J.

I

The issue in this case is whether a juvenile court may retain jurisdiction over a minor with regard to an earlier offense when it then determines the minor is unfit to be dealt with under the juvenile court law for purposes of a subsequent offense. We find that pursuant to Welfare and Institutions Code section 707.01, subdivision (a)(1), a juvenile court may retain such jurisdiction.

Ivan T. was 14 years old when the juvenile court declared him a ward of the court and placed him at home on probation by reason of his having committed voluntary manslaughter. Approximately two years later, the People filed additional petitions alleging Ivan T. committed assault, robbery and burglary. The People further alleged Ivan T. was unfit to be dealt with under the juvenile court law. The juvenile court found Ivan T. an unfit subject for the juvenile court and ordered the matter transferred to adult criminal court. There, a jury found Ivan T. guilty of robbery and burglary and the trial court sentenced him to state prison. Based on Ivan T.’s criminal convictions, the People filed a supplemental petition alleging he had violated the terms of probation granted in the voluntary…

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