Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 66010
BLEASE , Acting P. J.
Following a contested jurisdictional hearing, the juvenile court sustained against Elmer A., a minor, two counts of possession of a firearm by a minor, but found not true a charge of possession of ammunition by a minor. The minor was declared a ward of the court, ordered to serve 60 days in juvenile hall, and placed on probation.
On appeal, the minor contends, and the People agree, that the failure of the court to conduct a hearing on the minor’s eligibility for deferred entry of judgment (DEJ) requires remand for that purpose. We, too, agree and shall remand the matter for the required determination.
The DEJ program (Welf. & Inst. Code, § 790 et seq.) states that an eligible minor may admit the charged criminal offenses and be placed on probation without a disposition hearing or being declared a ward of the court. (§ 791, subd. (a)(3)). “[U]pon the successful completion of the terms of probation, as defined in Section 794, the positive recommendation of the probation department, and the motion of the prosecuting attorney... the court shall dismiss the charge or charges against the minor.” (Ibid.)
Hereafter references to undesignated sections are to the Welfare and Institutions Code.
Section 790, subdivision (b) requires the prosecuting attorney to conduct a record review to determine whether the minor is eligible for DEJ and, if eligible, to so inform the court. To be eligible for DEJ consideration, the minor must meet the following circumstances: “(1) The minor has not previously been declared to be a ward of the court for the commission of a felony offense. [¶] (2) The offense charged is not one of the offenses enumerated in subdivision (b) of Section 707. [¶] (3) The minor has not previously been committed to the custody of the Youth Authority (now the Department of Juvenile Justice). [¶] (4) The minor’s record does not indicate that probation has ever been revoked without being completed. [¶] (5) The minor is at least 14 years of age at the time of the hearing. [¶] (6) The minor is eligible for probation pursuant to Section 1203.06 of the Penal Code.” (§ 791, subd. (a).)
The parties agree that the minor meets all the requirements for DEJ eligibility and that the prosecuting attorney failed to so inform the juvenile court. Failure to satisfy the statutory requirements requires remand for such a determination. (In re Luis B. (2006) 142 Cal.App.4th 1117, 1123.)
DISPOSITION
The matter is remanded to the juvenile court to determine whether the minor should be granted DEJ. If DEJ is granted, the court is to vacate its jurisdictional and dispositional findings; if DEJ is not granted, the court’s judgment shall remain in effect, subject to the minor’s being able to seek review of the DEJ determination on appeal.
We concur: SIMS , J., ROBIE , J.