In re Matthew R. CA4/3

Filed 8/26/13 In re Matthew R. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re MATTHEW R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G047875 Plaintiff and Respondent, (Super. Ct. No. DL042179) v. OPINION MATTHEW R.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregory W. Jones, Judge. Affirmed. Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr., and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and Respondent.

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Minor Matthew R. appeals a judgment declaring him a ward of the court 1 (Welf. & Inst. Code, § 602) and placing him on formal probation. According to minor, the court abused its discretion when it terminated his deferred entry of judgment proceedings because he failed drug tests. (See § 793, subd. (a).) We affirm.

FACTS

A March 2012 petition alleged that minor (15 years old at the time) committed two violations of Health and Safety Code section 11360, subdivision (a), the sale or transportation of marijuana. Waiving his right to a trial, minor admitted the charges. In response to probation department inquiries, minor stated he first used marijuana at the age of 14 and used marijuana “at most” once every two weeks. Minor claimed he had stopped using drugs and alcohol. In June 2012, the court placed minor on deferred entry of judgment non-wardship probation. As a condition of probation, minor could not use, possess, or be under the influence of alcohol or illegal drugs. Minor was also ordered to participate in drug testing and substance abuse education. Minor agreed in his deferred entry of judgment program contract that he understood he “may be terminated from” the deferred entry of judgment program and returned to delinquency court for sentencing if he did not comply with the terms of his probation. 1 All statutory references are to the Welfare and Institutions Code, unless otherwise stated.