Tony B. v. Superior Court CA2/2
Tony B. committed a murder during the course of a residential robbery. Because he was over 14, and had committed a grave offense, he was charged directly in the criminal court pursuant to the filing discretion vested in the People at the time. Following the voters’ passage of amendments to Welfare and Institutions Code section 707 (Proposition 57), which removed the People’s filing discretion, Tony B.’s case was certified to the juvenile court for consideration of a motion to transfer the matter back to the criminal court under the section’s amended terms. (See People v. Superior Court (Lara) (2018) 4 Cal.5th 299, 303 (Lara).) After a protracted hearing, the juvenile court determined that Tony B. was not a proper subject for treatment in the juvenile court, and so returned the matter to criminal court.
Tony B. seeks review of that order by way of the instant petition for writ of mandate. This court initially denied the petition, but the Supreme Court directed that we
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