(Super. Ct. No. JDSQ110000048)
The opinion of the court was delivered by: Robie , Acting P. J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Minor C. G., age 14, admitted that he came within the provisions of Welfare and Institutions Code*fn1 section 602 in that he committed lewd and lascivious acts with a child under age 14. He was declared a ward of the court, placed on probation, and ordered to reside in the custody of his mother and stepfather.
On appeal, the minor contends the prosecutor failed to determine his eligibility for deferred entry of judgment, and the juvenile court abused its discretion by failing to determine his suitability for deferred entry of judgment. We affirm.
On February 8, 2011, around 4:00 p.m., the minor's stepfather, E. L., left his home to go to work. E. L. left the minor in charge of E. L.'s six-year-old daughter, K. L., and his four-year-old son, C. L. A half hour later, E. L. returned home because he had forgotten something. When he entered the residence he found the minor lying on his side, naked from the waist down, with an erect penis. K. L. was lying next to the minor, facing him, and naked from the waist down. The minor had his hands near K. L.'s vagina, and K .L. had her hands at her side. E. L. separated the children and contacted his wife, T. L., who is the mother of the minor.
T. L. returned home and spoke to the minor about what had happened. The minor told T. L. that he had been rubbing his erect penis against K. L.'s vagina. He denied penetrating her with his penis or finger and denied engaging in oral copulation. The minor admitted to rubbing his penis on K. L.'s vagina on previous occasions but could not remember how many times he had done so.
K. L. told T. L. that the minor had rubbed his penis against her vagina. K. L. added that this had been occurring since "before she began kindergarten," i.e., since the six-year-old was age four or five. K. L. said that the minor had never penetrated her with anything and never made her touch him.*fn2
The minor contends the prosecutor failed to determine his eligibility for deferred entry of judgment, and the juvenile court abused its discretion by failing to determine his suitability for deferred entry of judgment.
The People concede that the prosecutor did not determine eligibility but claims the court nevertheless considered suitability and found the minor unsuitable; thus, the prosecutor's ...