J.N.
J.N. v. Superior Court of Orange Cnty.
Opinion
lead Opinion
Leary, J.
*710 INTRODUCTION
Petitioner, J.N., who was 17 years old at the time of the alleged offenses, was charged with felonies in the superior *224 court. 1 After the passage of Proposition 57, the Public Safety and Rehabilitation Act of 2016, the superior court suspended criminal proceedings and certified J.N. to the juvenile court to determine whether he should be treated in the juvenile court system or prosecuted as an adult. ( Welf. & Inst. Code, §§ 604 [certification process], 707, subd. (a)(2) [juvenile court to decide whether minor should be tried as adult or juvenile]; all further statutory references are to the Welfare and Institutions Code unless otherwise indicated.) The juvenile court determined J.N. was not suitable for treatment in the juvenile court. J.N. filed a petition for a writ of mandate/prohibition, arguing the court abused its discretion in applying section 707.
In making its decision whether the minor should be tried as an adult, the court must consider five statutory factors (§ 707, subd. (a)(2) ). Relevant here are two factors, the circumstances and gravity of the charged offense, and whether the minor can be rehabilitated prior to the expiration of the…