California, United States of America
The following excerpt is from People v. Wade, A141133 (Cal. App. 2017):
The Attorney General argues that even if Proposition 57 applies retroactively, remand is not required because it is not reasonably probable a juvenile court would retain appellant's case rather than transferring it to adult court. In support of this argument, the Attorney General cites People v. Villa (2009) 178 Cal.App.4th 443, 452-453 (Villa), in which the trial court erroneously denied the defendant's request for a post-trial fitness hearing under Penal Code 1170.17, subdivision (c), after a juvenile defendant who was directly charged as an adult was convicted of a lesser included offense for which direct filing was not permitted. The court of appeal found the error to be harmless under the standard for state constitutional error articulated in Watson, supra, 46 Cal.2d at page 818. (Villa, at p. 453.)
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