In Re Vb

In this case we hold the Superior Court is not estopped from vacating an order placing a minor in a deferred entry of judgment program, pursuant to a plea bargain, where the placement order was made in excess of the court's jurisdiction.

The appellant, V.B. (appellant), was arrested for attempted robbery of a fellow middle school student. Appellant was 11 years old at the time. A delinquency proceeding was filed against him pursuant to section 602 of the Welfare and Institutions Code. (All subsequent code citations are to that code unless another is stated.) Two counts were charged: attempted second degree robbery and grand theft from the person (Pen.Code, §§ 664/211, 212.5, subd. (c), and 487, subd. (c)). The probation officer's report, the only factual summary in the record concerning the underlying facts, indicates that two separate crimes were committed: an attempted shakedown robbery at school and a theft committed against the same victim as he was walking home from school.

The parties entered into a plea agreement at the adjudication hearing. Under the terms of that arrangement, appellant pled guilty to the second count, grand theft from the person, the…