Jose D. v. Superior Court of San Diego Cty.

Opinion

NARES, J.

Petitioner was found guilty by jury in superior court of second degree murder with personal use of a deadly weapon and two counts of assault with a deadly weapon and great bodily injury. During his probation interview petitioner asserted he was a juvenile at the time of the offense. The court found that petitioner was a minor and ruled he had waived his right to be tried and sentenced in juvenile court by not disclosing his minority. Petitioner asked this court to transfer the case to juvenile court for a determination of his fitness for treatment as a juvenile. We stayed…