The Court of Appeal remanded for a new hearing on the motion to transfer the minor from juvenile court to a criminal court in light of A.B. 2361 (2021-2022 Reg. Sess.), which requires the prosecution to demonstrate by clear and convincing evidence, rather than preponderance of the evidence, that “the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court” before transferring a minor’s case to adult criminal court, and requires a court ordering a transfer to recite the basis for its decision. In so doing, the court agreed with the parties that A.B. 2361 applies retroactively to non-final cases.
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