Bryan E. v. Superior Court CA2/7
Opinion
Opinion
Segal, J.
INTRODUCTION
Bryan E. filed a petition for a writ of mandate to compel the juvenile court to vacate its order finding him competent to stand trial. We issued an order to show cause why the relief prayed for should not be granted and staying the proceedings. Because the juvenile court applied two incorrect legal standards, Penal Code section 1367 rather than Welfare and Institutions Code section 709, and “substantial showing” rather than preponderance of the evidence, we now grant the petition.
FACTUAL AND PROCEDURAL BACKGROUND
On August 7, 2013, the People filed a petition under Welfare and Institutions Code section 602 alleging that Bryan, who had recently turned 13 years old, committed assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and assault by means likely to produce great bodily injury (id., § 245, subd. (a)(4)). The juvenile court appointed the public defender to represent Bryan. Bryan denied the allegations of the petition. The court released him to his mother.
Dr. Douglas Allen, a psychologist, assessed Bryan’s competency and tested his intelligence. Allen evaluated Bryan on December 11, 2013. Allen concluded that Bryan had a mental disorder,…