In Re Damian M.

This case presents the question of whether the juvenile court judge erred in denying the request by the minor, Damian M., for deferred entry of judgment (DEJ) after his admission that he had transported possessed marijuana in violation of Health and Safety Code section 11360, subdivision (a). We will find no abuse of discretion and affirm.

FACTS AND PROCEDURAL BACKGROUND

Damian was arrested at the San Diego border crossing from Mexico into the United States. A search of his car revealed 10.1 pounds of marijuana located in a hidden compartment in the gas tank.

Damian’s explanation of the offense was that he needed money to assist his mother. He was put in touch with people involved in smuggling marijuana into the United States. He was instructed in the process of smuggling and, after several practice trips, on May 14, 2009, he drove a car containing marijuana across the border, where he was arrested.

Damian admitted possessing marijuana for sale and requested DEJ. Although Damian was statutorily eligible for DEJ and the probation officer recommended granting the request, the juvenile court denied the request stating: “Basically, I’ll tell you what my concerns are ... .…