JOSE D. v. SUPERIOR COURT OF SAN DIEGO CTY.

Docket No. D018493.

19 Cal.App.4th 1098 (1993)

23 Cal. Rptr.2d 664

JOSE D., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

October 7, 1993.


Attorney(s) appearing for the Case

COUNSEL

Loren Mandel, Alternate Public Defender, and Michael J. Dealy, Deputy Alternate Public Defender, for Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Paul M. Morley, Deputy District Attorneys, for Real Party in Interest.


OPINION

NARES, J.

Petitioner was found guilty by jury in superior court of second degree murder with personal use of a deadly weapon and two counts of assault with a deadly weapon and great bodily injury. During his probation interview petitioner asserted he was a juvenile at the time of the offense. The court found that petitioner was a minor and ruled he had waived his right to be tried and sentenced in juvenile court by not disclosing...

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