In re C.H.
On June 3, 2002, the juvenile court committed C. H. to the California Youth authority (CYA) for life with the possibility of parole for attempting to murder her mother by poisoning. Her commitment was upheld on appeal. (No. F041083) On November 7, 2005, she filed a petition to set aside her commitment to CYA and to terminate the courts jurisdiction, claiming new evidence called into question the scientific conclusions of the prosecutions expert at the adjudication hearing.
The juvenile court denied her petition without conducting a full hearing. C. appeals, claiming the juvenile court applied the wrong standard of review, the juvenile courts findings are untenable, and at a minimum the juvenile court erred in refusing to set the matter for a full hearing. Court reverse the order denying the petition for modification and remand for further proceedings.
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