In re D.G. CA5

Filed 11/15/24 In re D.G. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re D.G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F087485

Plaintiff and Respondent, (Super. Ct. No. JJD073692)

v. OPINION D.G.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Sara Bratsch, Judge. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Michael A. Canzoneri and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Meehan, J. and Snauffer, J.

Minor, D.G., was charged with first degree residential burglary and possession of an alcoholic beverage. Minor admitted the petition and was granted deferred entry of judgment (DEJ). After approximately two years, the juvenile court found that minor was not in compliance with the terms and conditions of DEJ. The court terminated DEJ, declared minor a ward of the court, terminated probation, and vacated wardship. On appeal, minor argues that the court erred by terminating DEJ before ordering a probation report and holding a disposition hearing. The People agree that the court erred, but argue that minor suffered no prejudice. We affirm. PROCEDURAL HISTORY AND BACKGROUND On September 23, 2021, the Tulare County District Attorney filed an amended juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)),1 charging minor with first degree residential burglary (Pen. Code, § 459; count 1); and possession of an alcoholic beverage by a minor (Bus. & Prof. Code, § 25662, subd. (a); count 2). On October 6, 2021, minor admitted the petition contingent upon being granted DEJ pursuant to section 790 et seq., and the juvenile court referred the matter to probation for a disposition report. On December 9, 2021, probation filed a DEJ report, recommending that DEJ be granted. On December 15, 2021, the juvenile court granted DEJ. Minor was ordered to, inter alia, attend school regularly; not use or possess alcohol; not use or possess marijuana; participate in alcohol and other drug counseling; perform 80 hours of community service; and pay victim restitution in the amount of $7,741.85. On February 18, 2022, the Tulare County District Attorney filed a second subsequent amended wardship petition, charging minor with public intoxication (Pen. Code, § 647, subd. (f); count 1); resisting, delaying, or obstructing a peace officer