People v. R.C.

Opinion

RIVERA, J. R.C. (Minor) appeals an order declaring him a ward of the court. He contends the juvenile court failed to exercise its discretion to determine whether he was suitable for deferred entry of judgment (DEJ). (Welf. & Inst. Code,1 § 790 et seq.) We affirm.

I. BACKGROUND

The Alameda County District Attorney filed a petition pursuant to section 602 on June 27, 2008, alleging Minor had committed felony vandalism (Pen. Code, § 594, subd. (b)(1)). On the same date, the district attorney filed a “Determination of Eligibility, Deferred Entry of Judgment—Juvenile” statement, indicating that Minor was eligible for DEJ.

Minor’s counsel told the Alameda County Juvenile Court at a July 14, 2008, hearing that he had conferred with the district attorney and had reached a tentative settlement. He asked for a 30-day continuance to allow time to determine the amount of restitution that would be required, and the court granted the request. At a hearing on August 14, 2008, the juvenile court granted the request of Minor’s counsel for a further continuance to allow time for investigation. On September 5, 2008, Minor’s counsel indicated the matter should be set for a jurisdictional hearing.

Minor admitted a misdemeanor violation of Penal Code section 594 on September 30, 2008. The court found that Minor had committed misdemeanor vandalism and that he was a person described by Welfare and Institutions Code section 602. The matter was then transferred to Contra Costa County, where Minor’s mother lived. The Contra Costa County Juvenile Court adjudged Minor a ward of the court and imposed various conditions of probation.

II. DISCUSSION

Minor’s sole contention on appeal is that the juvenile courts of Alameda and Contra Costa Counties failed to exercise their discretion to determine [1441]whether he was suitable for DEJ. Central to our analysis of this issue is the fact that although Minor was initially alleged to have committed a felony offense, he admitted only a misdemeanor.

“The DEJ provisions of section 790 et seq. were enacted as part of Proposition 21, The Gang Violence and Juvenile Crime Prevention Act of 1998, in March 2000. 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).)” (Martha C. v. Superior Court (2003) 108 Cal.App.4th 556, 558 [133 Cal.Rptr.2d 544].) The DEJ provisions apply “whenever a case is before the juvenile court for a determination of whether a minor is a person described in Section 602 because of the commission of a felony offense,” if certain conditions apply. (§ 790, subd. (a), italics added.)