In re J.C. CA5

Filed 9/21/22 In re J.C. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re J.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F083212

Plaintiff and Respondent, (Super. Ct. No. JJD073278)

v. OPINION J.C.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. John P. Bianco, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis Martinez and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Meehan, J. and Snauffer, J.

Minor, J.C., appeals from a disposition order adjudging her a ward of the juvenile court, granting her probation, and committing her to the short-term program for 180 days. On appeal, she argues that the juvenile court erred by failing to consider her suitability for deferred entry of judgment (DEJ). The People disagree, arguing the court was not required to consider minor for DEJ because she admitted only misdemeanor offenses. We affirm. PROCEDURAL SUMMARY On December 22, 2020, the Tulare County District Attorney filed a first amended juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)),1 in case No. JJD073278,2 alleging minor committed one misdemeanor count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 1) and three misdemeanor counts of possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)(1); counts 2–4). On March 2, 2021, the Kern County District Attorney filed a juvenile wardship petition (§ 602, subd. (a)), in case No. JW141803-00, alleging minor committed one felony count of possession of methamphetamine in a correctional facility (Pen. Code, § 4573.6; count 1), one felony count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 2), one misdemeanor count of possession of drug paraphernalia (Health & Saf. Code, § 11364; count 3), one misdemeanor count of providing false identification to a law enforcement officer (Pen. Code, § 148.9, subd. (a); count 4), one misdemeanor count of driving without a license (Veh. Code, § 12500,