People v. Villa CA4/2

STATEMENT OF THE CASE

The case was initiated by the filing of a petition in the juvenile court. The People

then moved to have the minor (defendant) declared not a fit and proper subject for the

juvenile court (Welf. & Inst. Code, § 707, subd. (c).) The motion alleged that defendant,

born on June 23, 1990, was over 14 years of age (in fact, he was almost 21 years of age)

and was not amenable to juvenile rehabilitation.

The motion was apparently heard solely with reference to the probation officer’s

report.3 This report reflected that the incidents took place about four years before they

were reported in January 2011. The victim was a boy of seven who was being looked

Defendant obtained a certificate of probable cause.

The juvenile proceedings were held in 2011 and the eventual conviction rendered in March 2013. In December 2013 defendant filed a request for leave to file a late notice of appeal (In re Benoit (1973) 10 Cal.3d 72), which this court granted.

3 The court had ordered a mental health evaluation (see Evid. Code, § 1017), but this was apparently not provided to the trial court.

2 after by defendant’s grandmother. While the victim was playing videogames…