A county judge cannot transfer a youth defendant to adult criminal court while the defendant’s appeal of the transfer is ongoing, the Fourth Appellate District of the California Court of Appeal ruled Dec. 17. The ruling also clarified a 2020 law that changed the process of transferring a youth defendant from juvenile hall to a jail.
The ruling comes in the case of Gabriel M., charged with one count of robbery and one count of gang participation in Youth Court.
Prosecutors say the defendant was 17 years old at the time of the alleged crime. Riverside Superior Judge Mark Petersen transferred him to criminal court, and jail, shortly before his 20th birthday.
“When a juvenile court orders a minor transferred to adult criminal court and the minor informs the juvenile court that they are appealing the transfer order and request a stay of criminal court proceedings, (state law) require(s) the juvenile court to stay the criminal court proceedings pending final determination of the appeal, but the stay may be modified or lifted upon the minor’s request,” the appellate ruling said.
The appellate court said that transfers from juvenile hall to county jail must be done by petitioning for the change under Welfare and Institutions Code Section 208.5.
The prosecutors’ petition was under Section 7078.1, and Rule of Court 5.770(d)(2), instead.
The ruling said that Rule 5.770 has not been updated to conform to current law.
Section 208.5 requires a youth defendant to remain in youth detention, instead of county jail, until they turn 25 years old, are convicted in criminal court, or are ordered to do so by a judge at the petition of the probation department. The probation department must persuade the judge to transfer the defendant after considering the defendant’s physical and mental health, the education services in the juvenile hall and the county jail, the capacity of the county jail and the juvenile hall, and the defendant’s potential danger to staff or other defendants.
After making their decision, the court vacated the order transferring Gabriel M. to an adult facility.
Deputy Public Defender William Meronek argued for Gabriel M.
Jesse Male, Deputy District Attorney, argued for the People.
Case No. RIJ2100530
Appellate Case No. E084329
Read the ruling here.
