California, United States of America
The following excerpt is from People v. R.R. (In re R.R.), B305422 (Cal. App. 2020):
Appellant R.R. committed an assault with a firearm when he was 16 years old. The People prosecuted him as an adult without first making a transfer motion in juvenile court. He was convicted of the firearm-assault by a jury, which also found gang and firearm enhancements true. The trial court denied his motion to remand the case to juvenile court pursuant to Proposition 57, as approved by voters in 2016 (requiring the People to make a transfer motion in juvenile court before prosecuting a juvenile offender in criminal court). We conditionally reversed his conviction and remanded to the juvenile court with instructions to (1) determine whether the court would have granted a transfer motion, had the People made one; and, if not, (2) treat the conviction as a juvenile adjudication and impose an appropriate disposition. (People v. Ruiz (May 16, 2018, No. B280874) 2018 Cal.App.Unpub. LEXIS 3326.)
On remand, after determining that it would not have transferred appellant, the juvenile court committed him to
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