REVERSE REMAND*
March, 2010
Convic'on for type of offense which in combina'on with age of client makes client eligible for a fitness hearing-­‐-­‐-­‐ AND Charge IS NOT a discre'onary direct file charge. If offfense is such that client's age combined with the offense make him eligible for a fitness hearing where ciient is PRESUMED UNFIT Presumed to have adult court sentence UNLESS DEFENSE ATTORNEY REQUESTS A FITNESS HEARING If offense is such that client's age combined with the offense make him eligible for a fitness hearing where client is PRESUMED FIT If offense is such that client's age combined with the offense make him eligible for a fitness hearing where client is NOT ELIGIBLE FOR A FITNESS HEARING Presumed to have a Juvenile Court Disposi'on UNLESS THE DA REUQESTS A FITNESS HEARING Receives Juvenile Court Disposi'on pursuant to PC 1170.19 (b) Court can suspend proceedings and remand to juvenile for a fitness hearing. Court can retain jurisdic'on and conduct fitness hearing. Client NOT FIT Client FIT Sentenced as an adult pursuant to PC 1170.19 (a) in adult court Sentenced as a juvenile either in adult or juvenile court pursuant to PC 1170.19 (b) * See PC sections 1170.17 and 1170.19; Cal. R. of Ct, rule 4.510
Although this handout is designed to assist you it is not a substitute for
your own research.
REVERSE REMAND*
March, 2010
* See PC sections 1170.17 and 1170.19; Cal. R. of Ct, rule 4.510
Although this handout is designed to assist you it is not a substitute for
your own research.