In re Ricky G. CA5

INTRODUCTION

On May 15, 2012, a petition was filed pursuant to Welfare and Institutions Code section 6021 alleging 16-year-old appellant, Ricky G., committed a felony, attempted carjacking (Pen. Code, §§ 664 & 215). The petition also alleged that appellant’s offense was a serious felony. The prosecutor filed a JV-750 form setting forth a determination that appellant was ineligible for Deferred Entry of Judgment (DEJ). All of the boxes indicating appellant was eligible for DEJ were otherwise checked. The prosecutor did not attach the JV-751 form giving appellant written notification and a full description of the procedures for DEJ as required by section 791, subdivision (a). Appellant contends, and respondent concedes, that attempted carjacking is not an enumerated offense in section 707, subdivision (b) (hereafter section 707(b)) and that he was eligible for DEJ. Because appellant was not properly notified of his eligibility for DEJ, the parties also agree that this case must be reversed and remanded for further proceedings. We agree with the parties.

FACTS AND PROCEEDINGS

Appellant appeared before the juvenile court four times in 2012 prior to the jurisdiction hearing: May 16,…