In re Jorge V.
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)). (In re C.W. (2012) 208 Cal.App.4th 654, 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. (In re C.W., at p. 662; In re Luis B., at p. 1123.) We remand the case to the juvenile court for proceedings complying with Welfare and Institutions Code section 790 et seq. and California Rules of Court, rule 5.800.
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