In re Q.S. CA3
Opinion
Opinion
BACKGROUND
The wardship petition charged defendant with five robberies (counts 1, 6, 8, 10, 11), attempted robbery (count 2), carjacking (count 4), murder (count 12) with a special circumstance allegation the murder occurred in the course of a robbery (count 12), and five counts of felon in possession of a firearm (counts 3, 5, 7, 9, 13). (Pen. Code, §§ 211, 664, 211, 215, subd. (a), 187, subd. (a), 190.2, subd. (a)(17), 29800, subd. (a)(1).) 1 The petition alleged enhancements for personal use of a firearm (counts 1, 2, 6, 8, 10) and intentional and personal discharge of a firearm causing great bodily injury or death (counts 4, 11, 12). (§ 12022.53, subds. (b), (d).) The District Attorney requested a hearing for the juvenile court to consider transferring the matter to adult court. The probation department supported the motion. The juvenile court held an evidentiary hearing and orally pronounced its ruling finding each of the five factors in Welfare and Institutions Code section 707, subdivision (a)(2), favored transfer to adult criminal court. The court found: (1) the minor was 17 years nine months old at the time of his crime spree and the premeditated robberies, the…