In re J.C. CA6

Filed 6/2/15 In re J.C. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

IN RE J.C., a Person Coming Under the H041466 Juvenile Court Law. (Monterey County Super. Ct. No. J48016)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.C.,

Defendant and Appellant.

I. INTRODUCTION The minor, J.C., admitted a Welfare and Institutions Code section 602 petition alleging that he possessed methamphetamine (Health & Saf., § 11377, subd. (a)) and possessed marijuana on school grounds (Health & Saf., § 11357, subd. (e)). The juvenile court found that the minor was unsuitable for deferred entry of judgment (DEJ) (Welf. & Inst. Code, § 790 et seq.) and placed the minor on probation for 12 months. On appeal, the minor contends the trial court erred by finding him unsuitable for DEJ without considering whether there were any programs to address his needs. We will affirm the juvenile court’s disposition order.

II. BACKGROUND A. Facts of the Offenses On June 17, 2014, staff at the minor’s school confiscated a number of items from the minor, including a “G pen” and two jars, which contained 0.01 grams of methamphetamine and 0.05 grams of concentrated cannabis. The minor admitted to school staff that he had been “smoking wax” out of the “G pen” at school. When he was interviewed by the police, the minor said he had believed that the white substance in one of the jars was cocaine, and he admitted to “snorting” cocaine on at least 10 prior occasions. The minor also admitted that he smoked marijuana two to three times per week. B. Section 602 Petition and DEJ Eligibility On August 7, 2014, the District Attorney filed a Welfare and Institutions Code section 602 petition alleging that the minor possessed methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and possessed marijuana on school grounds (Health & Saf. Code, § 11357, subd. (e)). On August 8, 2014, the District Attorney filed a notice of the minor’s eligibility for DEJ. (See Welf. & Inst. Code, § 790, subd. (b).) On August 27, 2014, the minor admitted both allegations of the petition. The juvenile court continued the matter for consideration of the minor’s suitability for DEJ. C. Probation Report On September 8, 2014, the minor failed to appear for a scheduled interview with the probation officer. When contacted, the minor initially lied and blamed his parents for failing to pick him up on time. When the minor was interviewed by the probation officer the following day, the minor admitted he did not always attend school and described himself as “lazy.” He understood that he needed to attend school, but he did not believe he needed to change any of his other behaviors. The minor’s parents described him as defiant and said they were “at a loss as to what to do.” The minor did not respect their house rules, and he was