In re Matthew R. CA4/3

FACTS

A March 2012 petition alleged that minor (15 years old at the time) committed two violations of Health and Safety Code section 11360, subdivision (a), the sale or transportation of marijuana. Waiving his right to a trial, minor admitted the charges. In response to probation department inquiries, minor stated he first used marijuana at the age of 14 and used marijuana “at most” once every two weeks. Minor claimed he had stopped using drugs and alcohol. In June 2012, the court placed minor on deferred entry of judgment non-wardship probation. As a condition of probation, minor could not use, possess, or be under the influence of alcohol or illegal drugs. Minor was also ordered to participate in drug testing and substance abuse education. Minor agreed in his deferred entry of judgment program contract that he understood he “may be terminated from” the deferred entry of judgment program and returned to delinquency court for sentencing if he did not comply with the terms of his probation. 1 All statutory references are to the Welfare and Institutions Code, unless otherwise stated.

2 Minor tested positive for marijuana on November 6, 2012, and December 10, 2012. At a December…