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

September 11, 2012

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



(Super. Ct. No. 68698)

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

In re A.C. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

The minor A.C. entered an admission to one of four allegations in a petition, was adjudged a ward of the court within the meaning of Welfare and Institutions Code section 602,*fn1 and was granted probation. He appeals. He contends that the matter must be reversed and remanded because the juvenile court failed to conduct a hearing on his suitability for deferred entry of judgment (DEJ). He also challenges the $227.50 in penalty assessments as unauthorized and the 10 percent collection fee as having not been orally imposed but added by the clerk. We conclude that the minor's conduct effectively rejected DEJ and that the juvenile court was excused from making a suitability determination. The minor's contentions with respect to the assessments and fee are also rejected.

FACTUAL AND PROCEDURAL BACKGROUND

A petition filed May 26, 2011, alleged that the minor came within the provisions of section 602 in that on May 24, 2011, he possessed a firearm, a felony (count 1) and possessed ammunition, a misdemeanor (count 2), and that on December 28, 2010, the minor trespassed by entering and occupying, a misdemeanor (count 3). A form "Determination of Eligibility--Deferred Entry of Judgment--Juvenile," filed the same day as the petition, reflected that the prosecutor had determined that the minor was eligible for DEJ. A form "Citation and Written Notification for Deferred Entry of Judgment--Juvenile," also filed the same day, gave the minor and his parents written notice of DEJ procedures and the hearing on eligibility.*fn2

At the detention hearing at 1:30 p.m. on May 27, 2011, the minor appeared with both parents. The court appointed counsel for the minor. Counsel noted that she had discussed the allegations in the petition with the minor who understood the nature of the charges and waived further reading, arraignment and advisement of rights. Counsel sought the minor's release, commenting the family wanted him home, the minor was almost 18 years of age, and the minor had not previously been in trouble. The prosecutor objected in light of the charges, including a loaded firearm, his plan to add an additional charge of resisting a peace officer, and the fact that the minor was a documented Sureno gang member. The court denied the minor's request for release. Counsel denied the allegations, refused to waive time, and sought to set the next hearing on jurisdiction as soon as possible. The court set the next hearing on jurisdiction for June 1, 2011. No one mentioned DEJ. The minutes of the hearing, however, reflect that the DEJ form was in the court file and that the minor was eligible.

On June 1, 2011, the prosecutor offered to settle the matter for the minor's admission to count 1 (possession of a firearm). Instead, counsel refused to waive time and sought to set the jurisdictional hearing and a suppression motion, stating that a confirmation hearing was not required. The jurisdictional hearing was set for June 16, 2011.

On June 3, 2011, counsel filed a declaration of prejudice against Judge Urie.

On June 6, 2011, counsel filed a motion to suppress with respect to the evidence seized on May 24, 2011, including the firearm and the ammunition.

An amended petition filed June 8, 2011, added an allegation that on May 24, 2011, the minor resisted, obstructed, and delayed a peace officer, a misdemeanor (count 3). The December 2010 trespassing allegation was renumbered as count 4 in the amended petition.

On June 10, 2011, the minor waived formal arraignment and advisement of rights. There is no reporter's transcript on appeal for this proceeding.

At the June 16, 2011 hearing on the minor's suppression motion, to be immediately followed by the contested jurisdictional hearing, counsel challenged the minor's detention, the search and his arrest. About 7:30 p.m. on May 24, 2011, Lodi Police officers were patrolling a high gang area where gang shootings had been reported earlier that day. The minor was standing in an alley. The minor gave his name and date of birth but when asked if he had anything illegal, he turned and started to run away. An officer tackled the minor who reached for a loaded handgun in his waistband. According to the minor, the officer ...


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