Error and/or relief
The minor received insufficient notice of his eligibility for a deferred entry of judgment (DEJ), and the trial court failed to conduct a DEJ suitability hearing. We conditionally reverse the juvenile court’s jurisdictional and dispositional orders and remand the matter to the juvenile court for further proceedings.
First Holding:
Welfare and Institutions Code section 790(a) provides that 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, the minor may be eligible for DEJ when the following conditions are met: (1) The minor has not previously been declared to be a ward of the court for the commission of a felony offense. (2) The offense charged is not one of the offenses enumerated in subdivision (b) of Section 707. (3) The minor has not previously been committed to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (4) The minor’s record does not indicate that probation has ever been revoked without being completed. (5) The minor is at least 14 years of age at the time of the hearing. (6) The minor is eligible for probation pursuant to Section 1203.06 of the Penal Code. (7) The offense charged is not [one of several listed sexual offenses].
Authority:
WIC 790(a)
Second Holding:
Under section 790(b), the prosecuting attorney must review the file to determine whether or not paragraphs (1) to (7), inclusive, of subdivision (a) apply.
If the minor is found eligible for deferred entry of judgment, the prosecuting attorney must file a declaration in writing with the court or state for the record the grounds upon which the determination is based, and must make this information available to the minor and their attorney.
Authority:
WIC 790(b)
In re C.W. (2012) 208 Cal.App.4th 654, 659 (C.W.)
Third Holding:
The Rules of Court require the court to notify the minor’s custodial parent, guardian, or foster parent at least 24 hours before the appearance hearing.
Authority:
Cal. Rules of Court, rule 5.800(c)
In re Trenton D. (2015) 242 Cal.App.4th 1319, 1324 [finding no indication that a proper notice was properly served and noting rule 5.800(c)’s service requirements]
Fourth Holding:
While a juvenile court retains discretion to deny DEJ to an eligible minor, the duty of the prosecuting attorney to assess the eligibility of the minor for DEJ and furnish notice with the petition is mandatory, as is the duty of the juvenile court to either summarily grant DEJ or examine the record, conduct a hearing, and make the final determination regarding education, treatment, and rehabilitation.
The court is not required to ultimately grant DEJ, but is required to at least follow specified procedures and exercise discretion to reach a final determination once the mandatory threshold eligibility determination is made.
Authority:
In re Luis B. (2006) 142 Cal.App.4th 1117, 1123
In re D.L. (2012) 206 Cal.App.4th 1240, 1243–1244