[255
Cal.Rptr.3d 304] Santa Clara County Superior Court, Santa
Clara County Super. Ct. No. 15JV41464H & I, Hon. Katherine
Lucero, Judge.
Page 374
COUNSEL
Counsel
for Real Party in Interest: The People, Xavier Becerra,
Attorney General, Gerald A. Engler, Chief Assistant Attorney
General, Jeffrey M. Laurence, Senior Assistant Attorney
General, Laurence K. Sullivan, Supervising Deputy Attorney
General, René A. Chacón, Supervising Deputy
Attorney General,
Counsel for Petitioner: R.E., By appointment of the Court
under the Santa Clara County Independent Defense Counsel
Office Eric Weaver, Lana M. Kreidie
Counsel for Respondent: Superior Court of Santa Clara County,
Juvenile Division, No appearance for respondent
OPINION
Premo,
J.
Page 375
Minor
R.E. petitions for a writ of mandate challenging respondent
court’s order granting the People’s motion to transfer him
from juvenile court to a court of criminal jurisdiction. (See
Welf. & Inst. Code, � 707, subd. (a)(1).)[1]
On
appeal, R.E. argues the juvenile court erred in granting the
motion to transfer because it incorrectly determined it
lacked authority to order him into custody on a probation
violation once he turns 19. R.E. also argues that the
probation department’s delay in producing a "ranch
failure" report violated his right to due process.
We
agree the juvenile court erred in concluding it would not
have the authority to order R.E. into custody if he violated
probation after turning 19.[2] We will therefore issue a
peremptory writ commanding respondent court to vacate the
challenged order and issue a new order denying the motion to
transfer.
I. FACTUAL AND PROCEDURAL BACKGROUND
In
April and June 2018, the Santa Clara County District Attorney
filed juvenile wardship petitions (� 602, subd. (a)) alleging
that petitioner R.E.,
Page 376
who was born in June 2000 and had been a ward of the juvenile
court since 2016, committed two separate first degree
burglaries (Pen. Code, � 460, subd. (a)), one in January 2018
and the other in April 2018.
[255
Cal.Rptr.3d 305] A. ...