The Court of Appeal concludes the juvenile court’s order transferring appellant to criminal court must be reversed in light of subsequent retroactive changes in the law that have renewed the focus of WIC 707’s inquiry on a minor’s amenability to rehabilitation.  Specifically, AB 2361 raises the prosecution’s burden of proof from a preponderance of the evidence to clear and convincing evidence and requires a specific finding regarding the minor’s amenability to rehabilitation (CRC 5.770 was amended to comport with these changes). Further SB 545 requires the court to give weight to various statutory factors that were previously discretionary.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/A166528.PDF