In re Michael P.
This appeal arises from two juvenile wardship petitions against appellant Michael P. (Welf. & Inst. Code, § 602.)[1] In a combined jurisdictional proceeding, the juvenile court sustained a felony vandalism charge (Pen. Code, § 594, subd. (a)) and terminated deferred entry of judgment (hereafter DEJ) (Welf. & Inst. Code, § 790 et seq.) as to the first petition; and sustained two felony counts of firearm possession (Pen. Code, § 29610) and two misdemeanor counts of ammunition possession (Pen. Code, § 29650) as to the second petition.
On appeal, Michael P. contends the juvenile court (1) imposed an overbroad probation condition prohibiting his possession of marker pens, (2) denied him equal protection by refusing to end DEJ until full restitution had been paid, (3) failed to determine his ability to pay restitution, (4) failed to exercise its discretion over whether the vandalism offense constituted a felony or a misdemeanor, and (5) failed to hold a hearing regarding DEJ as to the second petition. We find merit in Michael’s last two points (the People concede the last point), and shall reverse and remand on those two bases. In all other respects, we shall affirm the adjudication.
Comments on In re Michael P.