In re Jorge V.
Filed 9/19/13 In re Jorge V. CA4/1
California Rules of Court, rule 8.1115(a), prohibits courts
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
In re JORGE V., a Person Coming
Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
JORGE V.,
Defendant and Appellant.
D063338
(Super. Ct.
No. J232541)
APPEAL from
a judgment of the Superior Court
of
County, Polly H. Shamoon, Judge. Reversed and remanded.
Cynthia A.
Grimm, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D.
Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General,
Julie L. Garland, Assistant Attorney General, and Barry Carlton and James H.
Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.
Jorge V.
entered a negotiated admission to importing heroin into California
(Health & Saf. Code, § 11352, subd. (a)). The juvenile court adjudged him a ward and
ordered him committed him to Camp Barrett
for 365 days. Jorge appeals, contending
he was denied due process because the
prosecutor and the court did not comply with the required procedure for
deferred entry of judgment and the court followed a sentencing policy rather
than making an individualized decision regarding the disposition. The People concede both points.
The prosecutor
determined that Jorge was eligible for deferred entry of judgment but did not
give him written notification (Welf. & Inst. Code, §§ 790, subd. (b)
& 791, subd. (a)) and did not file the required determination of
eligibility form (Cal. Rules of Court, rule 5.800(b)(1); Welf. & Inst.
Code, § 790, subd. (b)). (
659-660.) The court did not give notice
to Jorge and his parents and did not hold a hearing regarding deferred entry of
judgment. (Welf. & Inst. Code,
§ 792; Cal. Rules of Court, rule 5.800(c); In re C.W., at pp. 660, 662; In
re Luis B. (2006) 142 Cal.App.4th 1117, 1123.) The true finding and dispositional judgment
must therefore be reversed. (
proceedings complying with Welfare and Institutions Code section 790 et
seq. and California Rules of Court, rule 5.800.
DISPOSITION
The true
finding and the dispositional judgment are reversed. The case is remanded to the juvenile court
for proceedings complying with Welfare and Institutions Code section 790
et seq. and California Rules of Court, rule 5.800.
McCONNELL,
P. J.
WE CONCUR:
HUFFMAN, J.
McDONALD, J.
