The opinion of the court was delivered by: Butz , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
This appeal arises from two juvenile wardship petitions against appellant Michael P. (Welf. & Inst. Code, § 602.)*fn1 In a combined jurisdictional proceeding, the juvenile court sustained a felony vandalism charge (Pen. Code, § 594, subd. (a)) and terminated deferred entry of judgment (hereafter DEJ) (Welf. & Inst. Code, § 790 et seq.) as to the first petition; and sustained two felony counts of firearm possession (Pen. Code, § 29610) and two misdemeanor counts of ammunition possession (Pen. Code, § 29650) as to the second petition.
On appeal, Michael P. contends the juvenile court (1) imposed an overbroad probation condition prohibiting his possession of marker pens, (2) denied him equal protection by refusing to end DEJ until full restitution had been paid, (3) failed to determine his ability to pay restitution, (4) failed to exercise its discretion over whether the vandalism offense constituted a felony or a misdemeanor, and (5) failed to hold a hearing regarding DEJ as to the second petition. We find merit in Michael's last two points (the People concede the last point), and shall reverse and remand on those two bases. In all other respects, we shall affirm the adjudication.
FACTUAL AND PROCEDURAL BACKGROUND
Michael P. admitted the charge in the first Welfare and Institutions Code section 602 petition, filed November 12, 2009, alleging felony vandalism for graffiti-tagging an elementary school (Pen. Code, § 594, subd. (a)); and the juvenile court ordered entry of judgment deferred subject to the probation condition, among others, that Michael pay $1,185.77 in restitution to the victim, the Stockton Unified School District (Welf. & Inst. Code, § 790 et seq.). Upon the successful completion of DEJ probation conditions, and with certain affirmations, the arrest upon which judgment is deferred is deemed never to have occurred, and the juvenile records are sealed. (Martha C. v. Superior Court (2003) 108 Cal.App.4th 556, 558.)
Pursuant to the second section 602 petition, filed February 2, 2012, the juvenile court, in a combined jurisdictional proceeding on March 5, 2012, sustained two felony charges of firearm possession and two misdemeanor charges of ammunition possession (these items were found in Michael's bedroom during a probation search); and, based on these adjudications, found that Michael had failed DEJ regarding his first section 602 petition and sustained that petition as well. Upon the People's motion, the juvenile court also dismissed, for insufficient evidence, the four remaining charges in the second petition (carrying loaded firearm; receiving stolen property; possessing a silencer; and street terrorism) .
In a combined dispositional hearing on March 26, 2012, the juvenile court adjudged Michael P. a ward, suspended a 360-day camp commitment, imposed a 90-day term in juvenile hall (and 30 days on electronic monitoring), and set a maximum period of confinement of four years eight months.
We will set forth facts relevant to each contention in our discussion of them.
I. The Probation Condition Is Not Overbroad
The juvenile court imposed the following probation condition at the combined dispositional hearing: "The minor shall not possess any graffiti materials, including, but not limited to, spray ...