Jose D. v. Superior Court

In Jose D. v. Superior Court (1993) 19 Cal. App. 4th 1098, the defendant revealed his minority after he had been convicted by a jury in adult court, but prior to sentencing. (Jose D., supra, 19 Cal. App. 4th at p. 1099.) The prosecution conceded that under the circumstances the trial court was obligated to suspend the proceedings and certify the matter to the juvenile court pursuant to Welfare and Institutions Code section 604, so the only issue to be decided was whether it would be necessary to retry the defendant in juvenile court if he was ultimately deemed fit for treatment as a juvenile. (Jose D., at p. 1100.) The Court of Appeal concluded that no retrial would be necessary because the defendant had waived his right to be tried as a juvenile by failing to disclose his age until after he had already received a trial in adult court, although by disclosing his age prior to sentencing he was still entitled to a fitness hearing and possible juvenile disposition. ( Id. at pp. 1100-1101.)