Opinion
B194362
5-14-2007
In re BRYAN A., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. BRYAN A., Defendant and Appellant.
Torres & Torres, Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent.
NOT TO BE PUBLISHED
The minor, Bryan A., appeals after he admitted that he possessed a controlled substance. (Health & Saf. Code, § 11377, subd. (a).) The minor committed the offense on February 26, 2006, when he was 16 years of age. On September 19, 2006, the juvenile court ordered entry of judgment deferred pending completion of the terms and conditions of probation pursuant to Welfare and Institutions Code section 790. On October 12, 2006, the minor filed a notice of appeal from the juvenile courts September 19, 2006 order. We appointed counsel to represent the minor. Appointed appellate counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.)
We requested the parties to brief the issue of whether the appeal must be dismissed because it is governed by section 800, subdivision (a) which provides in part, "A judgment in a proceeding under Section 601 or 602 may be appealed from, by the minor, in the same manner as any final judgment, and any subsequent order may be appealed from, by the minor, as from an order after judgment." A deferred entry of judgment order pursuant to section 790 is not an appealable judgment or order. (In re Mario C. (2004) 124 Cal.App.4th 1303, 1307-1308; see also Ricki J. v. Superior Court (2005) 128 Cal.App.4th 783, 790.)
The appeal is dismissed.
We concur:
MOSK, J.
KRIEGLER, J. --------------- Notes: All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.