Victor Eugene Rios v. Abelico Chavez, Supt.

Petitioner Victor Eugene Rios appeals a judgment below denying his petition for a writ of habeas corpus. Finding that Rios was twice placed in jeopardy for the same offense, we reverse the judgment with instructions that the writ be issued.

I. BACKGROUND

On September 25, 1969, a group of juveniles robbed a drive-in restaurant located in Sacramento, California. In the course of that robbery, the owner of the drive-in was killed by a gunshot, and his wife was pistol-whipped on her left arm and leg. Shortly thereafter, Victor Eugene Rios, a juvenile at the time, and three other juveniles were arrested in connection with the homicide, robbery, and assault at the drive-in.

On October 20, 1969, a hearing was conducted by the Superior Court of the State of California in and for the County of Sacramento, sitting as the Juvenile Court. At the hearing, evidence was heard by the judge regarding the alleged crime and the amenability of Rios and three of his alleged accomplices in the murder-robbery to care and treatment under the California juvenile justice system. Rios and his companions were each separately represented by counsel at this hearing, and a deputy district attorney appeared…