D.W. v. Superior Court (People)

         [256 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)

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         COUNSEL

         Independent Juvenile Defender Program, Cyn Yamashiro, Inglewood, and Marketa Sims for Petitioner.

          No appearance for Respondent.

         Jackie Lacey, District Attorney, Phyllis C. Asayama, June Chung and Matthew Brown, Deputy District Attorneys, for Real Party in Interest.

         OPINION

         STRATTON, J.

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          INTRODUCTION

         Petitioner 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

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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.

          D.W. 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.

          We 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 ...