In re Trenton D. CA1/1

Filed 11/23/15 In re Trenton D. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TRENTON D., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. TRENTON D., A144070 Defendant and Appellant. (Contra Costa County Super. Ct. No. J13-00608)

Appellant Trenton D. was adjudged a ward of the juvenile court and committed to a rehabilitation facility for six months after the court sustained an allegation that he had committed the offense of being a minor in possession of a firearm. Trenton does not challenge the evidence supporting the court’s jurisdictional or dispositional findings, but he contends that he received insufficient notice of his eligibility for a deferred entry of judgment (DEJ). (Welf. & Inst. Code, § 790 et seq.)1 We agree and therefore reverse and remand for further proceedings. We also correct the dispositional order to include an additional three days of predisposition credit.

1 All statutory references are to the Welfare and Institutions Code unless otherwise specified.

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I. FACTUAL AND PROCEDURAL BACKGROUND These proceedings were initiated in July 2013 when a juvenile wardship petition was filed under section 602 alleging that Trenton committed petty theft and other crimes. Under a negotiated disposition, the juvenile court sustained amended misdemeanor allegations that Trenton committed second degree commercial burglary (Pen. Code, §§ 459, 460, subd. (b)), possessed a zip gun (id., §33600), and possessed ammunition (id., § 29650); the remaining counts were dismissed. Trenton was adjudged a ward of the court and placed on probation in his mother’s home. A supplemental wardship petition was filed in November 2014 alleging that Trenton had committed one felony count of discharging a firearm with gross negligence. Attachments to the petition show that the petition implicated the provisions of section 790 et sequitur, part of “The Gang Violence and Juvenile Crime Prevention Act of 1998” enacted with the adoption of Proposition 21 in March 2000. (Martha C. v. Superior Court (2003) 108 Cal.App.4th 556, 558.) “The sections provide that in lieu of jurisdictional and dispositional hearings, a minor may admit the allegations contained in a section 602 petition and waive time for the pronouncement of judgment. Entry of judgment is deferred. After the successful completion of a term of probation, on the motion of the prosecution and with a positive recommendation from the probation department, the court is required to dismiss the charges. The arrest upon which judgment was deferred is deemed never to have occurred, and any records of the juvenile court proceeding are sealed. (§§ 791, subd. (a)(3), 793, subd. (c).)” (Ibid.) A juvenile is eligible for a DEJ if (1) the minor has not previously been adjudged a ward of the court for the commission of a felony offense, (2) the charged offense is not listed in section 707, subdivision (2), (3) the minor has not previously been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, (4) probation has never been revoked for the minor without having been completed, (5) the minor is at least 14 years old, (6) the minor is eligible for probation under Penal