SHEILA O. v. Superior Court

[814]

Opinion

CHRISTIAN, J.

Petitioner Sheila O. seeks a writ to compel respondent juvenile court to permit her to testify at a hearing to determine fitness for treatment as a juvenile without risking use of the testimony in a later determination of guilt.

A petition has been filed in the juvenile court alleging that petitioner comes within the provisions of Welfare and Institutions Code section 602 because she committed robbery (Pen. Code, § 211) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)). The district attorney sought certification that petitioner, who was 16 at the time of the alleged offenses, was unfit for juvenile proceedings. The juvenile court held a hearing for the purpose of determining fitness pursuant to Welfare and Institutions Code section 707, subdivision (b).

At that hearing, the district attorney submitted the probation report, which recommended trial in the adult criminal court. The probation report relates that the victim, a 50-year-old woman, was attacked while walking home after getting off a bus. A male and two females approached her. She was struck on the head and knocked to the ground. Her purse was taken and she was shot twice as she lay on the ground. She identified petitioner as the person who shot her. The defense also called no witnesses for, as the defense put it, “Fifth Amendment reasons.” In argument, defense counsel stated that the minor would not testify for fear that her testimony could be used against her in a later trial.

The court found that petitioner was not fit to be dealt with under the Juvenile Court Law. Petitioner was then arraigned in municipal court but this court stayed further proceedings pending disposition of the writ petition. We have concluded that a writ should be issued.

I

A minor 16 years or older charged with specified serious crimes is presumed to be unfit to be dealt with under Juvenile Court Law unless the juvenile court concludes that the minor would be amenable to the care, treatment and training program available through the facilities of the juvenile court. To find the minor fit, the juvenile court is required to make findings that the minor is fit and proper under each of five criteria. (Welf. & Inst. Code, § 707; see