California Court of Appeals, Second District, Eighth Division
Cal.Rptr.3d 348] ORIGINAL PROCEEDINGS in mandate. John C.
Lawson II, Judge. Petition granted and remanded. (Los Angeles
County Super. Ct. Nos. NJ29107 & NA105083)
[Copyrighted Material Omitted]
Juvenile Defender Program, Cyn Yamashiro, Inglewood, and
Marketa Sims for Petitioner.
appearance for Respondent.
Lacey, District Attorney, Phyllis C. Asayama, June Chung and
Matthew Brown, Deputy District Attorneys, for Real Party in
D.W. was found unfit for juvenile treatment based on the
allegation that, at age 17, he committed second degree murder
in violation of Penal Code section 187, subdivision (a),
under the natural and probable
consequences theory of liability. After the Respondent
juvenile court transferred D.W.’s case to adult court, our
Legislature eliminated liability for murder under the theory
of natural and probable consequences.
alleges he is entitled to a new transfer hearing because the
People (Real Party in Interest) have not established a prima
facie case that he committed an offense that would now make
him eligible for transfer to adult court. The People contend
(1) they are no longer required to make a prima facie case in
light of the statutory changes enacted by Proposition [256
Cal.Rptr.3d 349] 57; (2) the facts presented to the juvenile
court establish probable cause for the unalleged offense of
assault with a deadly weapon under a natural and probable
consequences theory; and (3) the nature of the specific
offense alleged in the petition is irrelevant to the court’s
analysis of D.W.’s fitness for juvenile treatment.
agree with D.W. that he is entitled to a new transfer hearing
and remand the case to the juvenile court to vacate its order
transferring his case to adult court.
FACTUAL AND ...