In Re Jermaine B.

Appellant, a minor, was prosecuted as an adult after giving a false name and date of birth. Appellant entered into a negotiated disposition pursuant to which he pleaded no contest to a lesser offense in return for a probationary, sentence. Subsequent to his conviction, the prosecution determined appellant was in fact a minor and the matter was certified to the juvenile court. The juvenile court concluded appellant had waived his right to a juvenile adjudication, treated appellant’s no contest plea as an admission of the allegations of the petition, found appellant in violation of the originally charged offense, and committed appellant to the California Youth Authority (CYA). We conclude appellant was entitled to withdraw his plea of no contest and did not waive his right to an adjudication in juvenile court. We reverse.

Facts and Procedural Background

Appellant Jermaine B. was bom on January 1, 1981. On July 14, 1997, appellant was 16 years old. He was arrested for possession for sale of cocaine base on that date. Appellant gave the police a false name, Jason Ford, and a false date of birth, July 12, 1979. Believing appellant to be an adult, the prosecution charged him…

I. Introduction

In this case, for the first time on appeal, the minor argues indirectly that he is entitled to withdraw his plea made in municipal court to a charge of *643 cocaine possession. 1 The California Supreme Court, which has repeatedly enforced strict waiver rules concerning raising constitutional issues for the first time in appellate courts, has never held that a minor has a right based on noncompliance with Penal Code section 1192.5 to set aside an admission or plea. I would not construe Penal Code section 1192.5 to permit the minor to move to set aside an admission or plea when no such request was made in the trial court. Additionally, the minor has failed to make the requisite showing of prejudice because he was not advised that he could be placed in the youth authority as a result of his plea in municipal court. (In re Ronald E. (1977) 19 Cal.3d 315, 325-326 [ 137 Cal.Rptr. 781 , 562 P.2d 684 ]; In re Jimmy M. (1979) 93 Cal.App.3d 369, 372-374 [ 155 Cal.Rptr. 534 ].)

II. Procedural Matters

The minor admitted as true the allegations of a petition filed April 6, 1993, charging him with fighting in public. (Pen. Code, § 415.) On June 9, 1993, he was declared a ward…

Appellant, a minor, was prosecuted as an adult after giving a false name and date of birth. Appellant entered into a negotiated disposition pursuant to which he pleaded no contest to a lesser offense in return for a probationary sentence. Subsequent to his conviction, the prosecution determined appellant was in fact a minor and the matter was certified to the juvenile court. The juvenile court concluded appellant had waived his right to a juvenile adjudication, treated appellant's no contest plea as an admission of the allegations of the petition, found appellant in violation of the originally charged offense, and committed appellant to the California Youth Authority (CYA). We conclude appellant was entitled to withdraw his plea of no contest and did not waive his right to an adjudication in juvenile court. We reverse.

Appellant Jermaine B. was born on January 1, 1981. On July 14, 1997, appellant was 16 years old. He was arrested for possession for sale of cocaine base on that date. Appellant gave the police a false name, Jason Ford, and a false date of birth, July 12, 1979. Believing appellant to be an adult, the prosecution charged him by felony complaint with…