In Re Spencer S.
People v. Spencer S.
Opinion
Opinion
Ikola, J.
Under Welfare and Institutions Code section 790 et seq., which govern deferred entry of judgment (DEJ), first-time juvenile felons may have their charges dismissed and records sealed upon successfully completing probation. Spencer S. (minor), a first-time juvenile misdemeanant, contends the DEJ law violates equal protection principles by denying him the benefits afforded juvenile felons. We conclude there is a rational basis for the DEJ law’s focus on juvenile felons. Accordingly, the DEJ law does not violate the equal protection clauses of the state and federal Constitutions.
Minor also contends a probation condition forbidding him from associating with persons he knows to be on probation is unconstitutionally overbroad and must therefore be modified. For reasons explained below, we disagree.
Accordingly, we affirm the judgment.
FACTS
At a party on August 25, 2007, a “fight broke out” between about 25 people (including minor) and a male gang member named Trevor, during which the group of people attacked Trevor, threw bottles and chairs at him, and chased him into the street. Amanda S., a good friend of Trevor, tried to break up the fight by “pushing people out of the…