P. v. Jones CA3
In a petition for rehearing, defendant has drawn our attention to recently passed legislation, Senate Bill No. 1391, which will be effective January 1, 2019. As amended by this bill, Welfare and Institutions Code section 707, subdivision (a) will no longer authorize minors who are younger than 16 at the time of an offense to be tried in adult criminal court, unless they are not apprehended before the end of juvenile court jurisdiction. Defendant argues that this amendment should be applied retroactively to him. By the time this matter has returned to the juvenile court and a transfer hearing has been scheduled, the amendment will most likely be operative. At the transfer hearing, the juvenile court shall consider the current state of the law in deciding whether it would have transferred defendant to a court of criminal jurisdiction on counts one through four.
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