In re B.B. CA5

Good Law
Court of Appeal of CaliforniaOctober 11, 2013F065556California7,463 words

Opinion

Opinion

INTRODUCTION

Appellant B.B. admitted multiple allegations in a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)). He was found eligible and suitable for Deferred Entry of Judgment (DEJ) and placed in the program subject to specific terms and conditions of probation. One year later, he was found in violation of the terms of DEJ. At that time, appellant moved to withdraw his admissions to the original petition and claimed his admissions were involuntary, and he was never advised by his attorney or the court as to how he could violate the terms of DEJ. The court denied his motion. On appeal, appellant argues the court should have granted his motion to withdraw his original admissions because his admissions were not knowing and voluntary, and he was never advised about the nature and circumstances of the DEJ program. Appellant also argues the court failed to find a factual basis for his admissions, and the court abused its discretion when it found two of the offenses were felonies and not misdemeanors. We affirm.

FACTS1

On July 28, 2011, officers from the Bakersfield Police Department responded to a burglary dispatch. A witness reported she saw three suspects in the…

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