People v. Superior Court (Jones)

Opinion

MOSK, J.

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 exhibited by the minor; (B) whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction; (C)…