In re N.A.
Defendant N. A. admitted to violating Health and Safety Code sections 11359 and 11360, subdivision (a) (possession of marijuana for sale and sale or transportation of marijuana) and was declared a ward of the court. The prosecutor determined defendant was eligible for deferred entry of judgment pursuant to Welfare and Institutions Code section 790. The probation officer recommended against deferred entry of judgment. The court failed to conduct a hearing to determine whether judgment should be deferred and placed defendant on probation. If the prosecuting attorney finds that the minor meets the eligibility requirement for deferred entry of judgment, the court has a mandatory . . . duty . . . to either summarily grant [deferred entry of judgment] or examine the record, conduct a hearing, and make the final determination regarding education, treatment and rehabilitation . . . . [Citations.] (In re Luis B. (2006) 142 Cal.App.4th 1117, 1123.)
The Attorney General concedes that the court abused its discretion in failing to conduct the required hearing. Court therefore remand this case to the juvenile court to examine the record and conduct the required hearing to determine whether entry of judgment should be deferred.
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