P. v. W.L. CA1/4
Defendant Wilson Lor appeals a judgment entered upon a jury verdict finding him guilty of rape in concert (Pen. Code, § 264.1), with the circumstance that the victim was kidnapped in the commission of the offense (§ 667.61, subd. (d)(5)). He contends he is entitled to a transfer hearing on his suitability for disposition under the juvenile law, that he was deprived of effective assistance of counsel, and that the trial court failed to instruct the jury correctly on the section 667.61 circumstance.
We shall reject defendant’s challenges to his counsel’s representation and the instructions, but conditionally reverse the judgment and remand the matter to the juvenile court for a transfer hearing on whether the matter should have proceeded in juvenile court. If the juvenile court determines defendant is amenable to the court’s jurisdiction, his conviction shall be deemed a juvenile adjudication and the juvenile court shall impose an appropriate disposition. If the juvenile
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