Jesus G. v. Superior Court

In Jesus G. v. Superior Court (1977) 72 Cal.App.3d 219, the juvenile court judge, on rehearing after the referee's finding of fitness and in response to the Court of Appeal's direction that it set forth the reasons for finding the minor unfit, stated in an order that the minor was unfit based on "'the circumstances and gravity of the offense alleged to have been committed by the minor.'" (72 Cal.App.3d at p. 222.) The Jesus G. court determined that written order insufficient because the required finding is not the mere fact of the crime but whether in view of all the circumstances before the court, the circumstances of the crime make prosecution in the adult court proper. The Court of Appeal pointed out that the order did not describe the circumstances of the crime nor indicate in what way the six offenses were of such gravity as to support an unfitness finding. As the six offenses were offenses within subdivision (a) of section 707 in which it is presumed that the minor is fit, the court stated that something more about the circumstances and gravity of at least one of the offenses "must expressly be set forth in an order of unfitness." ( Jesus G. v. Superior Court, supra, 72 Cal.App.3d at p. 223.) The court then concluded that the absence of any record beyond the probation officer's report and the minute order compelled a remand of the matter for a full and express statement, in nonconclusionary terms, showing why the judge on rehearing disagreed with the conclusions of the probation officer and the referee.