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Name: People v. Quiroz
Case #: D047683
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/10/2007
Summary

When a defendant’s participation in a conspiracy begins while defendant is a minor but continues until after defendant’s 18th birthday, defendant may be tried as an adult and the trial court is not required to transfer the case to juvenile court. Appellant agreed to sell her bank account and personal information to codefendants. The date she did so was in dispute with appellant claiming it was days before she turned 18 years old. After she turned the information over and after she turned 18, forged checks were deposited in her account and large sums of money withdrawn. At trial, appellant was found guilty of conspiracy and grand theft and granted probation. On appeal, appellant argued that under Welfare and Institutions Code section 604 subdivision (a), the trial court was required to suspend proceedings, examine appellant as to her age, and if it appeared she was a minor when the offense was committed, to certify the matter to juvenile court. Relying on federal authorities, the appellate court determined that because the conspiracy continued after appellant became an adult, she could be tried as an adult (United States v. Thomas (D.C. Cir. 1997) 114 F.3d 228), and that there was no sound policy reason for the juvenile court to have presumptive jurisdiction under these circumstances.