In re Daniel N. CA2/3

Filed 11/6/13 In re Daniel N. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

In re DANIEL N., a Person Coming Under B244556 the Juvenile Court Law. (Los Angeles County Super. Ct. No. NJ26668)

THE PEOPLE,

Plaintiff and Respondent,

v.

DANIEL N.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John C. Lawson II, Judge. Reversed and remanded. Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION The minor and appellant Daniel N. contends on appeal that he met the requirements for deferred entry of judgment (DEJ) under Welfare and Institutions Code section 790 et seq.,1 but the juvenile court failed to determine his eligibility for DEJ and instead ordered him to juvenile hall. The People concede that the court erred and that the matter must be remanded for compliance with section 790 et seq. We agree that the judgment must be reversed and the matter remanded for a determination of Daniel’s suitability for DEJ. Daniel also requests that we review the sealed record of the juvenile court’s Pitchess2 examination of police personnel records to determine whether the court abused its discretion by failing to order disclosure. We find that the juvenile court complied with its obligations under Pitchess and did not abuse its discretion. FACTUAL AND PROCEDURAL BACKGROUND I. Factual background.3 On February 11, 2012, Los Angeles Police Officers Francisco Macias and Jeff Bruner saw Daniel walking in an alley. As they approached Daniel, he threw a lighter onto the ground. Officer Bruner saw a gun in Daniel’s sweatshirt. Daniel had a loaded .25 caliber semiautomatic pistol. Daniel testified and admitted he had a gun. II. Procedural background. On April 11, 2012, a petition was filed under section 602 alleging one count of firearm possession by a minor (Pen. Code, § 29610.) After the juvenile court denied Daniel’s motion to suppress evidence, he admitted count 1.