In re Jorge v. CA4/1

California Court of Appeal Sep 19, 2013 No. D063338Unpublished

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Holding. The court reversed the juvenile court's judgment because the prosecutor and the court failed to comply with mandatory statutory and procedural requirements for deferred entry of judgment.

Issues

Whether the failure to provide required notice and eligibility determinations for deferred entry of judgment violated the defendant's due process rights.
Whether the juvenile court erred by applying a sentencing policy instead of making an individualized dispositional decision.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“The prosecutor determined that Jorge was eligible for deferred entry of judgment but did not give him written notification”

“The court did not give notice to Jorge and his parents and did not hold a hearing regarding deferred entry of judgment.”

“The true finding and the dispositional judgment are reversed.”

Filed 9/19/13 In re Jorge V. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re JORGE V., a Person Coming Under the Juvenile Court Law. D063338 THE PEOPLE,

Plaintiff and Respondent, (Super. Ct. No. J232541)

JORGE V.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon,

Judge. Reversed and remanded.

Cynthia A. Grimm, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General,

Julie L. Garland, Assistant Attorney General, and Barry Carlton and James H. Flaherty III,

Deputy Attorneys General, for Plaintiff and Respondent.

Jorge V. entered a negotiated admission to importing heroin into California (Health & Saf.

Code, § 11352, subd. (a)). The juvenile court adjudged him a ward and ordered him committed

him to Camp Barrett for 365 days. Jorge appeals, contending he was denied due process because

the prosecutor and the court did not comply with the required procedure for deferred entry of

judgment and the court followed a sentencing policy rather than making an individualized

In re Jorge v. CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JORGE V.,

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DISPOSITION

HUFFMAN, J.

MCDONALD, J.

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