In re M.W. CA1/1

Filed 4/24/14 In re M.W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re M.W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A139076 v. M.W., (Solano County Super. Ct. No. J41971) Defendant and Appellant.

INTRODUCTION This timely appeal from orders of the juvenile court adjudging the minor a ward of the court and placing him on probation raises one issue: Does a minor remain eligible for deferred entry of judgment (DEJ) under Welfare and Institutions Code section 790 et seq.1 after he agrees to a negotiated disposition that results in his admission to one count of a multicount petition and dismissal of the remaining counts? In In re Joshua S. (2011) 192 Cal.App.4th 670, Division Two of this Court answered that question affirmatively. We agree with that decision. We therefore reverse the juvenile court’s jurisdiction and dispositional orders and remand to the juvenile court for further proceedings to determine whether defendant is suitable for DEJ treatment. If the juvenile court grants the minor

1 Unless otherwise indicated, all statutory references are to the Welfare and Institutions Code.

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DEJ, the orders will remain vacated. If the juvenile court denies DEJ, it shall reinstate the jurisdiction and disposition orders, subject to the minor’s right to review of the denial on appeal. FACTUAL AND PROCEDURAL SUMMARY2 The minor, a resident of the city of Vallejo in Solano County, was sent by his mother to live with relatives in Sacramento for his safety. On April 12, 2013, police officers were patrolling an area of Sacramento known for robberies and assaults at approximately 9:30 p.m. when they saw the minor and another man, who had been sitting at a bus stop, quickly get up and walk away. The officers made contact with the two men. The minor appeared to be nervous. Informed he was about to be patted down for weapons, the minor raised his arms and began walking backwards. The officer reached forward and felt a hard metal object concealed under the minor’s jacket. The object was a .22-caliber revolver loaded with nine live rounds. The serial numbers on the gun appeared to have been deliberately removed. On April 16, 2013, the Sacramento County District Attorney filed a five-count delinquency petition (§ 602) alleging that M.W., a minor, carried and possessed on his person a concealable firearm (Pen. Code, §§ 25400, subd. (a)(2), count one; 29610, count four), loaded and in a public place (Pen. Code, § 25850, subd. (a), count two), from which identification markings had been removed. (Pen. Code, § 23900, count three.) The petition also alleged the minor possessed live ammunition. (Pen. Code, § 29650, count five.) The petition was accompanied by a determination of eligibility for DEJ signed by the prosecuting district attorney, along with a DEJ citation and notice. At the next day’s detention hearing, the juvenile court found the minor eligible for DEJ and continued the matter for a combined DEJ-suitability and settlement conference hearing.