In re Carlos C. CA1/5

Filed 5/3/22 In re Carlos C. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re Carlos C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A162906 v. CARLOS C., (Contra Costa County Defendant and Appellant. Super. Ct. No. J2000426)

Minor Carlos C. appeals an order declaring him a ward of the juvenile court (Welf. & Inst. Code, § 602)1 following a contested jurisdiction hearing at which the juvenile court sustained allegations that he evaded peace officers by reckless driving (Veh. Code, § 2800.2, subd. (a)) and unlawful taking or driving a stolen vehicle (Veh. Code, § 10851, subd. (a)). Carlos contends he was eligible for the statutory deferred entry of judgment (DEJ) program (Welf. & Inst. Code, § 790 et seq.) but that he was not given the statutorily required notice of eligibility and the juvenile court failed to consider his suitability for DEJ. The People agree that he was eligible for DEJ, and the

All statutory references are to the Welfare and Institutions Code 1

unless otherwise stated.

1

record does not reflect that he received notice of his eligibility. We conditionally reverse the juvenile court’s findings and disposition order and remand for further proceedings. BACKGROUND The Contra Costa County District Attorney filed a petition pursuant to Welfare and Institutions Code section 602 on August 3, 2020, alleging Carlos recklessly evaded a peace officer (Veh. Code, § 2800.2, subd. (a); count 1) and unlawfully drove or took a stolen vehicle (Veh. Code, § 10851, subd. (a); count 2). On the same day, the district attorney also filed Judicial Council Forms, form JV-750 (determination of eligibility, deferred entry of judgment—juvenile), and checked box 2a stating “youth is eligible.” However, the district attorney did not check the box on form JV-750 indicating that notification had been provided by use of Judicial Council Forms, form JV-751 (citation and written notification for deferred entry of judgment—juvenile). Nor does the record include a copy of form JV-151 or any indication that Carlos was ever notified that he was eligible for DEJ. The juvenile court held a contested jurisdiction hearing at which George L. testified that on the morning of April 18, 2020, he came out of his home in Berkeley and discovered his Audi was missing.2 He reported the car stolen and that his keys were also missing. California Highway Patrol Officer Anderson testified that about 1:00 or 2:00 a.m. on April 19, 2020, he saw an Audi traveling approximately 100 miles an hour on I-80 in Pinole.