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Andrew M. v. Superior Court (People)

California Court of Appeals, First District, Fifth Division

January 6, 2020

ANDREW M., Petitioner,
v.
The SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; The People, Real Party in Interest.

         [257 Cal.Rptr.3d 259] Contra Costa County Superior Court, Hon. Barbara C. Hinton, Judge. (Contra Costa County Super. Ct. No. J19-00232)

Page 1117

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Page 1118

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Page 1119

         COUNSEL

         Elizabeth K. Barker, Assistant Public Defender, Zachary Linowitz and Sarah Eisenhart, Deputy Public Defenders for Petitioner.

          No appearance for Respondent.

         Xavier Becerra, Attorney General, Gerald A. Engler, Deputy Attorney General, Diana Becton, District Attorney, Ryan Wagner, Deputy District Attorney for Real Party in Interest.

         OPINION

         Jones, P. J.

Page 1120

          Andrew M.’s petition for writ of mandate presents an issue of first impression: does a conditional reversal and limited remand to the juvenile court to conduct a transfer hearing pursuant to Proposition 57, the Public Safety and Rehabilitation Act of 2016 (Cal. Const., art. I, § 32), constitute a "new trial" for purposes of exercising a

Page 1121

Code of Civil Procedure section 170.6[1] challenge? Guided by our high court’s decision in Peracchi v. Superior Court (2003) 30 Cal.4th 1245, 135 Cal.Rptr.2d 639, 70 P.3d ...


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