Bryan E. v. Superior Court CA2/7

Opinion

SEGAL, J. *

INTRODUCTION

Bryan E. filed a petition for a writ of mandate to compel the juvenile court to vacate its order finding him competent to stand trial. We issued an order to show cause why the relief prayed for should not be granted and staying the proceedings. Because the juvenile court applied two incorrect legal standards, Penal Code section 1367 rather than Welfare and Institutions Code section 709, and “substantial showing” rather than preponderance of the evidence, we now grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

On August 7, 2013, the People filed a petition…