California Court of Appeals, Second District, Seventh Division
[As modified Nov. 12, 2014.]
ORIGINAL PROCEEDINGS in mandate. Denise McLaughlin-Bennett, Judge. Petition granted. Super. Ct. No. MJ22371
Ronald L. Brown, Public Defender, Albert J. Menaster, Maceo Lewis and Megan N. Gallow, Deputy Public Defenders, for Petitioner.
No appearance for Respondent.
Jackie Lacey, District Attorney, Roberta T. Schwartz and Phyllis Asayama, Deputy District Attorneys, for Real Party in Interest.
SEGAL, J. [*]
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 ...