In re A.A.
On August 12, 2011, the Monterey County District Attorney filed a delinquency petition under Welfare and Institutions Code section 602, subdivision (a) alleging that 16-year-old A.A., a minor, committed residential burglary.[1] (Pen. Code, §§ 459, 460.) On December 13, 2011, after a contested jurisdiction hearing, the court sustained the petition. At the disposition hearing, the court declared the minor a ward of the court for 24 months, allowed him to remain in his home, and placed him on probation for two years under certain terms and conditions.
On appeal from the jurisdiction finding and disposition order, the minor claims the court erred in failing to conduct a proper inquiry concerning whether he was suitable for deferred entry of judgment (DEJ) and in failing to exercise its discretion concerning whether to grant it. The minor further claims that some of the conditions of probation are vague and overbroad and thus constitutionally defective.
We reverse the disposition order and remand for further DEJ proceedings.
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