MARTHA C. v. Superior Court of San Diego County
Opinion
Opinion
Benke, J.
A Welfare and Institutions Code section 602 petition alleged that Martha C. possessed marijuana for sale and transported marijuana. Martha was eligible for deferred entry of judgment (DEJ) pursuant to section 790 et seq. She admitted the allegations of the petition but the trial court refused to proceed pursuant to that procedure. Martha seeks a writ of mandate requiring the trial court grant her DEJ.
Background
A. Deferred Entry of Judgment
The DEJ provisions of section 790 et seq. were enacted as part of Proposition 21, The Gang Violence and Juvenile Crime Prevention Act of 1998, in March 2000. The sections provide that in lieu of jurisdictional and dispositional hearings, a minor may admit the allegations contained in a section 602 petition and waive time for the pronouncement of judgment. Entry of judgment is deferred. After the successful completion of a term of probation, on the motion of the prosecution and with a positive recommendation from the probation department, the court is required to dismiss the charges. The arrest upon which judgment was deferred is deemed never to have occurred, and any records of the juvenile court proceeding are sealed. (§§ 791,…