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In Re J.T., A Person Coming Under the Juvenile Court Law. v. J.T

February 24, 2012

IN RE J.T., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
J.T., DEFENDANT AND APPELLANT.



(Super. Ct. No. 68129)

The opinion of the court was delivered by: Duarte , J.

In re J.T.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a contested jurisdictional hearing, the juvenile court sustained a charge that the minor J.T. (minor) possessed a short-barreled rifle, a felony (Pen. Code, § 12020, subd. (a)(1)). Having previously found minor unsuitable for deferred entry of judgment (DEJ), the juvenile court denied minor's request to reduce the offense to a misdemeanor and adjudged him a ward of the court. The juvenile court removed minor from his parents' custody, committed him to the Juvenile Hall for 60 days with 28 days of credit, declared the maximum term to be three years, and placed him on probation, subject to various conditions.

On appeal, minor contends the juvenile court's decision to deny his request for deferred entry of judgment was an abuse of discretion; minor further contends that the fines listed in the minute order but not pronounced at disposition should be stricken. We disagree with the first contention, but agree with the second, and shall affirm the judgment but order the disposition order corrected accordingly.

FACTUAL AND PROCEDURAL BACKGROUND

On May 31, 2010, minor's stepfather discovered minor had several tattoos. The stepfather then searched minor's room and found what he thought was a BB gun. Minor left the house, and the stepfather called police to report that minor had run away.

The stepfather gave the gun, a .22-caliber bolt action Mossberg 146B rifle, to the police. The barrel was cut off, and the rifle was less than 26 inches long. The trigger and stock were cut off, and electric tape was wrapped around the rifle to act as a grip.

Minor was detained, and then released on electric monitoring on June 7, 2010. He was placed on less restrictive home supervision on July 28, 2010. On August 24, 2010, minor left home for two days without permission. He was suspended from school for two days after "doing a 'Norteno handshake'" on

August 26, 2010. The juvenile court authorized a bench warrant for his arrest on August 27, 2010.

The probation department prepared a report on minor's eligibility for DEJ on September 2, 2010, which set forth the following facts:

Minor was born in November 1994. On April 28, 2009, when Stockton police intervened in a fight between minor's brother and stepfather, ...


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