Santa
Clara County Superior Court No. 15JV41464H & I Hon.
Katherine Lucero Trial Judge
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
Premo,
J.
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., 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.
A.
Motion to transfer
On the
basis of the April and June 2018 wardship petitions, the
district attorney moved to transfer R.E. to adult criminal
court. (§ 707, subd. (a); see also Cal. Rules of Court,
rule 5.766(a).)
1.
Probation officer's report
In July
2018, the probation officer prepared her report for the
transfer hearing, recommending that R.E. be transferred to
adult court. In her report, the probation officer recounted
R.E.'s juvenile criminal history, which began when he was
declared a ward of the court in January 2016. R.E. was
continued as a ward of the court in February and again in
April 2016 for violating his probation by not adhering to
court orders, failing drug tests, refusing to attend school,
etc.
In June
2017, R.E. was ordered to a ranch program following his
involvement in several offenses including carjacking, vehicle
theft, and robbery. He completed the custodial portion of the
ranch program in December 2017 and was placed on the
“Ranch Pre-Release program.” However, after
testing positive for drugs and missing school, R.E. was
returned to the ranch in January 2018. R.E. went back and
forth between the ranch and the pre-release program for ...