R.E. v. Superior Court
Annotate this CaseThe Santa Clara County District Attorney filed juvenile wardship petitions (Welf. & Inst. Code 602(a)) alleging that R.E., born in June 2000 and a ward of the juvenile court since 2016, committed two first-degree burglaries and moved to transfer R.E. to adult criminal court. (section 707(a)) In June 2017, R.E. had been ordered to a ranch program following his involvement in carjacking, vehicle theft, and robbery. He completed the program's custodial portion but, after testing positive for drugs and missing school, was returned to the ranch. R.E. was “failed” from the program. R.E.’s supervising probation counselor testified that although he had recommended that R.E. return to the ranch, his recommendation had changed because there would not be enough time for R.E. to complete all of the programs before he turned 19; the ranch and aftercare program could not accommodate 19-year-olds. The juvenile court granted the motion to transfer, noting that, despite believing that R.E. was amenable to treatment as a juvenile, it “need[ed] the ability to use custody as an incentive” and “confinement [in county jail] would not be an available disposition under juvenile law if [he] were found to have violated probation after turning 19.” The court of appeal vacated the transfer order. The juvenile court erred in concluding it would not have the authority to order R.E. into custody if he violated probation after turning 19.
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