In Re Rc

California Court of Appeal Mar 19, 2010 No. A123675Published

Before: Rivera

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Holding. The juvenile court is not required to determine a minor's suitability for deferred entry of judgment (DEJ) when the minor ultimately admits to a misdemeanor rather than the felony offense charged in the petition. Because the DEJ statutory scheme applies only to cases involving the commission of a felony, the court has no obligation to exercise its discretion regarding DEJ once the felony charge is no longer at issue.

Issues

Whether the juvenile court failed to exercise its discretion to determine the minor's suitability for deferred entry of judgment (DEJ).
Whether DEJ procedures apply when a minor initially charged with a felony admits only to a misdemeanor.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the juvenile court was not obligated to determine Minor's suitability for DEJ under the circumstances of this case.”

182 Cal.App.4th 1437 (2010) In re R.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

R.C., Defendant and Appellant.

No. A123675. Court of Appeals of California, First District, Division Four.

March 19, 2010. [1440] Jenny Huang, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Martin S. Kaye and Jeffrey M. Bryant, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RIVERA, J.

R.C. (Minor) appeals an order declaring him a ward of the court. He contends the juvenile court failed to exercise its discretion to determine whether he was suitable for deferred entry of judgment (DEJ). (Welf. & Inst. Code,[1] § 790 et seq.) We affirm.

I. BACKGROUND

The Alameda County District Attorney filed a petition pursuant to section 602 on June 27, 2008, alleging Minor had committed felony vandalism (Pen. Code, § 594, subd. (b)(1)). On the same date, the district attorney filed a "Determination of Eligibility, Deferred Entry of JudgmentJuvenile," indicating that Minor was eligible for DEJ.

Minor's counsel told the Alameda County Juvenile Court at a July 14, 2008, hearing that he had conferred with the district attorney and had reached a tentative settlement. He asked for a 30-day continuance to allow time to determine the amount of restitution that would be required, and the court granted the request. At a hearing on August 14, 2008, the juvenile court granted the request of Minor's counsel for a further continuance to allow time for investigation. On September 5, 2008, Minor's counsel indicated the matter should be set for a jurisdictional hearing.

Minor admitted a misdemeanor violation of Penal Code section 594 on September 30, 2008. The court found that Minor had committed misdemeanor vandalism and that he was a person described by Welfare and Institutions Code section 602. The matter was then transferred to Contra Costa County, where Minor's mother lived. The Contra Costa County Juvenile Court adjudged Minor a ward of the court and imposed various conditions of probation.

In Re Rc

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OPINION

I. BACKGROUND

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II. DISCUSSION

NOTES

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