P. v. Gater CA4/1
In 2006, Demetrius D. Gater was convicted of first degree murder (Pen. Code, § 187, subd. (a)), attempted murder and deliberate, premeditated attempted murder (§§ 664 &187, subd. (a)); various firearm enhancements, a personal infliction of great bodily injury enhancement, and an allegation Gater was an active member of a criminal street gang were found true. Gater was sentenced to an indeterminate term of 75 years to life plus a determinate term of 20 years in prison.
Gater appealed and this court affirmed the judgment in an unpublished opinion. (People v. Gater (Oct. 15, 2008, D050723) [nonpub. opn.].)
In 2021, Gater filed a motion to transfer his case to juvenile court for a fitness hearing (Welf. & Inst. Code, §§ 707 & 707.5). Gater alleged he was 17 years old during some of the crimes and under subsequent legislation he is entitled to remand for a fitness hearing.
The trial court denied the motion by written order.
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