In re Ricardo B. CA4/3

Filed 11/8/13 In re Ricardo B. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 RICARDO B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G048160 Plaintiff and Respondent, (Super. Ct. No. DL043792) v. OPINION RICARDO B.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gregory W. Jones and Douglas Hatchimonji, Judges. Affirmed. Arielle Bases, 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, Charles C. Ragland, Marissa Bejarano and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

The court denied a Welfare and Institutions Code1 section 790 deferred entry of judgment (DEJ) to a 17 year old who, together with some friends, burglarized the garage of a vacationing homeowner. The minor claims the court abused its discretion in so doing. We disagree, given the court’s compliance with the requisite DEJ procedures and the minor’s marijuana use and unexcused absences from school. We affirm. I FACTS A. Background: On October 4, 2012, a Fullerton resident telephoned the police about the suspicious behavior of four young men who appeared to be robbing the house of an absent neighbor. The caller provided a description of their car, together with the license plate number. He told the police that the four young men had walked towards the house, each carrying an empty backpack. Thereafter, they climbed out of the bushes at the side of the yard, one of them holding a backpack that was “absolutely packed to the hilt.” Fullerton Police Officer Andrew Coyle responded to the radio call about a possible burglary. He located the described vehicle one street over from the house in question. There were five persons in the car eating ice cream “using writing pens as a spoon.” Officer Coyle searched the vehicle, with the permission of the driver. He found a pair of bolt cutters, two pairs of gloves, a yellow and black screwdriver, a backpack, a knife, and two iPods.