In re E.P.

Filed 3/17/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re E.P., a Person Coming 2d Juv. No. B319738 Under the Juvenile Court Law. (Super. Ct. No. 21JV00138) (Santa Barbara County)

THE PEOPLE,

Plaintiff and Respondent,

v.

E.P.,

Defendant and Appellant.

The Greek philosopher Heraclitus observed that “nothing endures but change.” The California legislature must have had Heraclitus in mind when it changed a variety of laws in the penal and juvenile codes. Here we consider changes in the law concerning fitness hearings to determine whether offenses committed by juveniles belong in juvenile or adult court. A juvenile wardship petition alleged against E.P. alleged two counts of murder (Pen. Code, § 187, subd. (a)), two counts of

attempted murder (id., §§ 664, 187, subd. (a)) and one count of street terrorism (id., § 186.22, subd. (a).) The juvenile court held a fitness hearing pursuant to Welfare and Institutions Code 1 section 707. The court ordered the case transferred to criminal court. Since the hearing, section 707 has been amended. (Stats. 2022, ch. 330, § 1.) We reverse and remand for a new fitness hearing pursuant to section 707 as amended. The Attorney General agrees. FACTS E.P. was 17 years old at the time of the incident. He was a member of the Carpas street gang. The gang’s territory is in Carpinteria. Two of E.P.’s family members, Angel V., and Oscar T., are also members of the Carpas gang. E.P.’s uncle, who lives across the street from E.P., is a Carpas gang leader. Assault of March 6, 2020 On March 6, 2020, members of the Eastside Santa Barbara street gang (Eastside gang) assaulted members of the Carpas gang at a market in Goleta. The Eastside gang used blunt instruments in the assault. Later that night Eastside gang members, using the same blunt instruments, chased some Carpas gang members into a market in Carpinteria. Video from the market showed E.P. as one of the victims and R.R. as one of the assailants. Shooting on January 3, 2021 On the evening of January 3, 2021, M.S. was with three other Eastside gang members, including R.R., on Liberty Street in Eastside territory. M.S. saw a blue jeep go by. The driver was