Mar. 17, 2023 – In re E.P. (2nd Dist., Div. 6, B319738)

Effective Jan. 1, 2023, AB 2361 amended WIC 707 to: (1) prohibit the transfer of a minor to adult criminal court unless the juvenile court finds, by clear and convincing evidence, that the minor is “not amenable to rehabilitation” while under the jurisdiction of the juvenile court; and (2) require a juvenile court making such a finding to state the reasons supporting the finding. The Court of Appeal holds that, under the Estrada rule, these amendments apply retroactively to appellant’s nonfinal case and require remand for a new transfer hearing.