PEOPLE v. SUPERIOR COURT (JONES)

No. S062670.

76 Cal.Rptr.2d 641 (1998)

958 P.2d 393

18 Cal.4th 667

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Melvin Ray JONES, et al., Real Parties in Interest.

Supreme Court of California.

July 20, 1998.


Attorney(s) appearing for the Case

Gil Garcetti, District Attorney, Patrick D. Moran, Brentford J. Ferreira, Natasha S. Cooper and Shirley S.N. Sun, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Larry E. Williams, Ira B. Madison II, Franklin L. Ferguson, Jr., and Michael F. Yamamoto, under appointments by the Supreme Court, Los Angeles, for Real Parties in Interest.

Steven J. Carroll, Public Defender (San Diego), Timothy A. Chandler, Alternate Deputy Public Defender (San Diego), Greg S. Maizlish, Deputy Public Defender, and Jacqueline C. Crowle, Alternate Deputy Public Defender, as Amici Curiae on behalf of Real Parties in Interest.


MOSK, Justice.

In this matter, the Court of Appeal reversed a finding by the juvenile court that two 15-year-olds who killed a store owner during a robbery were fit and proper subjects for treatment under the juvenile court law.

Under Welfare and Institutions Code section 707, subdivision (e), the minors were presumptively unfit, but could overcome the presumption if they established fitness under each of five criteria: (A) the degree of criminal sophistication...

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