California Court of Appeal

The trial court erred in dismissing an indictment against defendant-minor for conspiracy to commit murder and active participation in a criminal street gang, where: 1) the indictment contains an express finding defendant fell within the terms of Penal Code section 707(d)(2) because it stated he was 14 years or older and charged with a crime punishable by death or imprisonment in the state prison for life; and 2) Penal Code section 707(d)(4) can be interpreted to allow criminal prosecution of a minor by indictment under the criteria of subdivision (d)(1) or (2).

Appellate Information

• Decided 05/01/2014
• Published 05/01/2014

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel