gno.law

In re Jorge v. CA4/1

California Court of Appeal · D063338 · 2013-09-19 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. J232541
Trial judge
Polly H. Shamoon
Outcome
reversed — Reversed and remanded.
Area
delinquency
Panel
Judith D. McConnell (author), Alex C. McDonald, Richard D. Huffman, Sr.

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T06:50Z · confidence high

The juvenile court adjudged the minor a ward and committed him to Camp Barrett for 365 days without following the statutory procedures for deferred entry of judgment. The Court of Appeal reversed the true finding and dispositional judgment, remanding the case for proceedings compliant with Welfare and Institutions Code section 790 et seq. and California Rules of Court, rule 5.800.

Ruling reviewedStandardThe courtThe model
True finding and dispositional judgment (commitment to Camp Barrett for 365 days)
“The true finding and dispositional judgment must therefore be reversed. (In re C.W., at p. 662; In re Luis B., at p. 1123.)”
unclearerror (procedure)agree with court
The appellate court found that the trial court failed to comply with mandatory statutory and rule-based procedures for deferred entry of judgment, specifically the lack of written notification, the failure to file the eligibility form, and the absence of a hearing. Because these procedural requirements are mandatory under Welfare and Institutions Code sections 790-792 and California Rules of Court rule 5.800, the court concluded the judgment was invalid and had to be reversed.

Authorities

  • relied: In re C.W. (2012) 208 Cal.App.4th 654 — Failure to provide written notification and file the required eligibility form for deferred entry of judgment requires reversal of the judgment.
  • relied: In re Luis B. (2006) 142 Cal.App.4th 1117 — Failure to give notice to the minor and parents and hold a hearing regarding deferred entry of judgment requires reversal of the judgment.

The appellate opinion: sound — The opinion is procedurally sound as it correctly identifies that the trial court failed to adhere to the mandatory statutory and rule-based procedures for deferred entry of judgment. The court relies on established precedent (In re C.W. and In re Luis B.) to support the conclusion that these procedural defects necessitate reversal and remand.

How this analysis was made · dispute it

unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:31Z · confidence low

The juvenile court accepted Jorge V.'s negotiated admission to importing heroin (Health & Saf. Code, § 11352, subd. (a)), adjudged him a ward, and committed him to Camp Barrett for 365 days without the prosecutor or the court following the statutory deferred entry of judgment (DEJ) notice and hearing procedures. On appeal, the People conceded the DEJ error and the court's use of a sentencing policy; the Court of Appeal reversed the true finding and dispositional judgment and remanded for proceedings complying with Welfare and Institutions Code section 790 et seq. and rule 5.800.

Ruling reviewedStandardThe courtThe model
Acceptance of the admission and entry of the true finding and dispositional judgment without the prosecutor providing written DEJ eligibility notice and the court giving notice and holding a DEJ hearing
“The court did not give notice to Jorge and his parents and did not hold a hearing regarding deferred entry of judgment.”
unclearerror (procedure)agree with court
Welfare and Institutions Code sections 790-792 and rule 5.800 impose mandatory duties on the prosecutor (written notification and determination of eligibility form) and on the court (notice and a hearing) once a minor is found eligible for DEJ. The opinion recites that neither was done, the People conceded the point, and In re C.W. and In re Luis B. hold that such noncompliance requires setting aside the findings and disposition and remanding for compliance. The result follows from the cited authority; the opinion does not articulate a standard of review or a prejudice analysis, but the concession and the published authority make the outcome defensible.
Disposition committing Jorge to Camp Barrett for 365 days allegedly pursuant to a sentencing policy rather than an individualized determination
“the court followed a sentencing policy rather than making an individualized decision regarding the disposition. The People concede both points.”
unclearnot reachedunsure
Although the People conceded this contention, the Court of Appeal did not separately analyze it; reversal of the true finding and dispositional judgment on the DEJ ground rendered the disposition issue moot. The opinion gives no basis to evaluate the merits of the claim, so I cannot independently agree or disagree.

Authorities

  • relied: In re C.W. (2012) 208 Cal.App.4th 654 — Where the prosecutor fails to give written DEJ notice and file the eligibility determination, and the court fails to give notice and hold a DEJ hearing, the true finding and disposition must be reversed and the matter remanded for compliance with section 790 et seq. and rule 5.800.
  • relied: In re Luis B. (2006) 142 Cal.App.4th 1117 — The juvenile court has a mandatory duty to give notice and hold a hearing on DEJ suitability when a minor is eligible; failure to do so requires setting aside the findings and disposition and remand for DEJ proceedings.

The appellate opinion: sound with gaps — The opinion correctly identifies the mandatory DEJ duties under sections 790-792 and rule 5.800 and applies In re C.W. and In re Luis B., which squarely require reversal and remand on these facts, with the People conceding. It is very brief, states no standard of review, performs no prejudice analysis, and does not address the separately conceded sentencing-policy contention, leaving it implicitly mooted by the reversal.

How this analysis was made · dispute it

Opinion

Filed 9/19/13 In re Jorge V. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS 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.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re JORGE V., a Person Coming Under the Juvenile Court Law. D063338 THE PEOPLE, Plaintiff and Respondent, (Super. Ct. No. J232541)

v. JORGE V., Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Reversed and remanded.

Cynthia A. Grimm, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, and Barry Carlton and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.

Jorge V. entered a negotiated admission to importing heroin into California (Health & Saf.

Code, § 11352, subd. (a)). The juvenile court adjudged him a ward and ordered him committed him to Camp Barrett for 365 days. Jorge appeals, contending he was denied due process because the prosecutor and the court did not comply with the required procedure for deferred entry of judgment and the court followed a sentencing policy rather than making an individualized decision regarding the disposition. The People concede both points.

The prosecutor determined that Jorge was eligible for deferred entry of judgment but did not give him written notification (Welf. & Inst. Code, §§ 790, subd. (b) & 791, subd. (a)) and did not file the required determination of eligibility form (Cal. Rules of Court, rule 5.800(b)(1); Welf.

& Inst. Code, § 790, subd. (b)). (In re C.W. (2012) 208 Cal.App.4th 654, 659-660.) The court did not give notice to Jorge and his parents and did not hold a hearing regarding deferred entry of judgment. (Welf. & Inst. Code, § 792; Cal. Rules of Court, rule 5.800(c); In re C.W., at pp. 660, 662; In re Luis B. (2006) 142 Cal.App.4th 1117, 1123.) The true finding and dispositional judgment must therefore be reversed. (In re C.W., at p. 662; In re Luis B., at p. 1123.) We remand the case to the juvenile court for proceedings complying with Welfare and Institutions Code section 790 et seq. and California Rules of Court, rule 5.800.

DISPOSITION

The true finding and the dispositional judgment are reversed. The case is remanded to the juvenile court for proceedings complying with Welfare and Institutions Code section 790 et seq.

and California Rules of Court, rule 5.800.

2 MCCONNELL, P. J. WE CONCUR:

HUFFMAN, J.

MCDONALD, J.

Cites, in this corpus