People ex rel. Alvarez v. Howard

Petitioner, Cook Co. State's Attorney, seeks writ of mandamus directing respondent Judge to rescind her order granting Defendant's motive to send his pending criminal case to juvenile court for a discretionary transfer hearing, after statutory amendment that raised automatic transfer age for juveniles. Defendant was age 15 years at time of offense. Court's order was not a dismissal of case, but was a transfer of case to another forum. Amendment was retroactive under Section 4 of Statute on Statutes. Defendant's case is properly in juvenile court, unless and until it is transferred to criminal court pursuant to a discretionary transfer hearing. (KARMEIER, FREEMAN, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)