Opinion
S259198
02-13-2020
C. (LAURISSA) v. S.C. (PEOPLE)
D076780 Fourth Appellate District, Div. 1
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division One, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Fourth Appellate District, Division One, with directions to vacate its order denying mandate and to issue an order directing the Respondent Superior Court of San Diego County to show cause why the relief sought in the petition should not be granted:
(1) on the ground that the juvenile court abused its discretion by relying on speculation in considering Laurissa C.'s family circumstances, considering those circumstances here in a manner not contemplated by Welfare and Institutions Code section 707, and failing to consider whether rehabilitative efforts might be available in a setting other than the family home;
(2) on the ground that the juvenile court abused its discretion by relying on a finding that Laurissa C.'s potential involuntariness defense was not credible to support her transfer to criminal court (see People v. Superior Court (Jones) (1998) 18 Cal.4th 667, 682; People v. Superior Court (Rodrigo O.) (1994) 22 Cal.App.4th 1297, 1303-1304); or
(3) on the ground that the record does not reflect that the juvenile court adequately evaluated the expert testimony of Dr. Clipson, Dr. Rowe, and Deputy Probation Officer Pinedo in considering the totality of the evidence.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.