T.P.
People v. T.P.
Opinion
lead Opinion
Gilbert, J.
A juvenile court’s finding that a minor violated his probation does not render the minor inelegible for deferred entry of judgment (DEJ). But a revocation of the minor’s probation does.
*3 T.P. appeals a judgment finding, among other things, that he is ineligible for DEJ. (Welf. & Inst. Code, § 800.) 1 The Attorney General concedes T.P.’s argument. We reverse and remand for further proceedings regarding DEJ. (§ 791, subd. (b); In re Usef S. (2008) 160 Cal.App.4th 276, 283-284 [ 72 Cal.Rptr.3d 612 ] [following determination of statutory eligibility for DEJ, juvenile court independently determines minor’s suitability therefor].)
FACTS AND PROCEDURAL HISTORY
On March 16, 2007, the San Luis Obispo County prosecutor filed a three-count misdemeanor petition pursuant to section 602, alleging that T.P. resisted a police officer, committed vandalism, and committed vandalism of religious property. (Pen. Code, §§ 148, subd. (a)(1), 594, subd. (b)(2)(A), 594.3, subd. (a).) The prosecutor then twice amended the petition to omit the vandalism count, add a criminal street gang allegation, and add a count of felony street terrorism. (Id., §§ 186.22, subd. (b)(1), 186.22, subd. (a).)…