R.C.

People v. R.C.

Good Law
106 Cal. Rptr. 3d 711·182 Cal. App. 4th 1437·2010 Cal. App. LEXIS 364
Court of Appeal of CaliforniaMarch 19, 2010No. A123675California1,869 words

Opinion

lead Opinion

Rivera, J.

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.

I. BACKGROUND

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” statement, 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…

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