In light of recent amendments to WIC 707 (AB 2361), the Court of Appeal held that the minor was entitled to a new juvenile transfer hearing. At the time of the minor’s initial hearing, the juvenile court applied the former preponderance of the evidence standard (as opposed to the now required clear and convincing evidence standard) and directed its analysis to whether “transfer[ ] is appropriate,” not whether the minor was “amenable to rehabilitation while under the jurisdiction of the juvenile court,” as is required under amended WIC 707. Relying on In re F.M. (2023) 14 Cal.5th 701, the Court further found that remand was necessary because applying Watson‘s harmless error analysis would be inappropriate, as it would require the Court to speculate as to how the juvenile court might apply the new legal standards.
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