In re Carlos C. CA1/5

BACKGROUND

The Contra Costa County District Attorney filed a petition pursuant to Welfare and Institutions Code section 602 on August 3, 2020, alleging Carlos recklessly evaded a peace officer (Veh. Code, § 2800.2, subd. (a); count 1) and unlawfully drove or took a stolen vehicle (Veh. Code, § 10851, subd. (a); count 2). On the same day, the district attorney also filed Judicial Council Forms, form JV-750 (determination of eligibility, deferred entry of judgment—juvenile), and checked box 2a stating “youth is eligible.” However, the district attorney did not check the box on form JV-750 indicating that notification had been provided by use of Judicial Council Forms, form JV-751 (citation and written notification for deferred entry of judgment—juvenile). Nor does the record include a copy of form JV-151 or any indication that Carlos was ever notified that he was eligible for DEJ. The juvenile court held a contested jurisdiction hearing at which George L. testified that on the morning of April 18, 2020, he came out of his home in Berkeley and discovered his Audi was missing.2 He reported the car stolen and that his keys were also missing. California Highway Patrol Officer Anderson…