C.W.
People v. C.W.
Opinion
Lead Opinion
Sepulveda, J.
C.W. appeals an order declaring her a ward of the court. Although she was eligible for the statutory deferred entry of judgment (DEJ) program (Welf. & Inst. Code, 1 § 790 et seq.), there is no indication in the record that she, her parent or guardian, or her counsel was ever given notice of that fact. The applicable statutes and rules of court require the juvenile court to give such notice, and to consider the minor’s suitability for DEJ before entering a dispositional order. Because these requirements were not followed in this case, we vacate the juvenile court’s findings and dispositional order, and remand for further proceedings.
*658 I. BACKGROUND
The Contra Costa County District Attorney filed a petition pursuant to section 602 on July 14, 2010, alleging C.W. had committed five felony counts of second degree commercial burglary (Pen. Code, §§ 459, 460, subd. (b)) at the Macy’s store in Antioch. On that same date, the district attorney filed a “Determination of Eligibility, Deferred Entry of Judgment—Juvenile” (form JV-750) statement. The district attorney checked all of the boxes indicating that C.W. was eligible for DEJ, but did not check the box indicating that a…