Bryan E. v. Super. Ct.
Annotate this CaseThe People filed a petition alleging that petitioner, who had recently turned 13 years old, committed assault with a deadly weapon and assault by means likely to produce great bodily injury. Petitioner denied the allegations and the juvenile court released him to his mother. Petitioner subsequently filed a petition for a writ of mandate to compel the juvenile court to vacate its order finding him competent to stand trial. The court found that the juvenile court applied the standard of competency applicable to adults under Penal Code sections 1367 and 1368, rather than the standard of competency applicable to minors under Welfare and Institutions Code section 709. The juvenile court also made no finding, by a preponderance of the evidence or otherwise, regarding petitioner's ability to consult with counsel and assist in preparing his defense. Accordingly, the court granted the petition and vacated the juvenile court's order finding petitioner mentally competent.
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