In Re Rc

Good Law
106 Cal. Rptr. 3d 711·182 Cal. App. 4th 1437
Court of Appeal of CaliforniaMarch 19, 2010A123675California1,862 words

Opinion

Opinion

R.C. (Minor) appeals an order declaring him a ward of the court. He contends the juvenile court failed to exercise its discretion to determine whether he was suitable for deferred entry of judgment (DEJ). (Welf. & Inst. Code, [1] § 790 et seq.) We affirm.

The Alameda County District Attorney filed a petition pursuant to section 602 on June 27, 2008, alleging Minor had committed felony vandalism (Pen. Code, § 594, subd. (b)(1)). On the same date, the district attorney filed a "Determination of Eligibility, Deferred Entry of Judgment—Juvenile," indicating that Minor was eligible for DEJ.

Minor's counsel told the Alameda County Juvenile Court at a July 14, 2008, hearing that he had conferred with the district attorney and had reached a tentative settlement. He asked for a 30-day continuance to allow time to determine the amount of restitution that would be required, and the court granted the request. At a hearing on August 14, 2008, the juvenile court granted the request of Minor's counsel for a further continuance to allow time for investigation. On September 5, 2008, Minor's counsel indicated the matter should be set for a jurisdictional hearing.

Minor admitted a…

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