Edsel P. V. Superior Court Of Contra Costa County

This case presents a due process challenge to application of the statutory presumption (Welf. & Inst. Code, § 707, subd. (c))*fn1 that a minor alleged to have committed any of the serious offenses listed in subdivision (b) of section 707 is not a fit and proper subject to be dealt with under the Juvenile Court Law. It is specifically asserted that when the minor challenges the sufficiency of the evidence that he committed a listed offense the presumption cannot be applied unless the prosecutor first establishes a prima facie case.