People v. J.C. CA2/6

Filed 10/23/23 P. v. J.C. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B325815 (Super. Ct. No. 2013009594) Plaintiff and Respondent, (Ventura County)

v.

J.C.,

Defendant and Appellant.

Relying on Welfare and Institutions Code1 section 801, subdivision (a), J.C. appeals a superior court order denying his motion for reconsideration regarding his request to transfer his case from criminal court to juvenile court. We conclude, among other things, that the December 22, 2022, order J.C. has appealed from does not fall within section 801, which authorizes appellate jurisdiction.

All statutory references are to the Welfare and 1

Institutions Code unless otherwise stated.

Nevertheless, as we shall explain, J.C. will receive a hearing in the juvenile court to determine whether he should be tried as an adult or a juvenile. FACTS A grand jury indictment alleged that on January 17, 2009, J.C. committed murder (Pen. Code, § 187, subd. (a)) for the benefit of a criminal street gang (id., § 186.22) (count 1); he attempted to discharge a firearm at an inhabited dwelling house (id., §§ 664, 246), a felony (count 2); and that on January 27, 2009, he committed another murder for the benefit of a street gang (id., § 186.22) (count 3). A special allegation alleged that J.C. “comes within the provisions of Welfare and Institutions Code section 707, [former subdivision] (d)(2)(B) in that he was 15 years old at the time [of the offenses].” The People claim J.C. was 19 years old when “he was apprehended,” and a transfer to criminal court is permitted pursuant to section 707, subdivision (a)(2). That section authorizes a transfer motion where the juvenile was 14 or 15 years of age at the time of the offense “but was not apprehended prior to the end of juvenile court jurisdiction.” (§ 707, subd. (a)(2).) In 2017, the People filed a petition in the juvenile court for a transfer hearing to determine whether the case should be tried in a criminal court. After a hearing, the court ruled the case met the criteria to be transferred to criminal court. In 2021, the superior court denied J.C.’s motion to return the case to the juvenile court. J.C. filed a petition for writ of mandate in this court to challenge that order. We denied that