In re John D.
Filed 4/14/06 In re John D. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| In re JOHN D., a Person Coming Under the Juvenile Court Law. |
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| THE PEOPLE, Plaintiff and Respondent, v. JOHN D., Defendant and Appellant.
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A111352
(Sonoma County Super. Ct. No. 32935J)
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Appellant John D., a minor, contends the juvenile court erred in denying him deferred entry of judgment. We reverse and remand for the juvenile court to clarify its finding regarding whether the minor would benefit from education, treatment, and rehabilitation, to reconsider whether to grant deferred entry of judgment in light of that finding, and to exercise its discretion to designate the sustained offense as a felony or misdemeanor.
Factual and Procedural Background[1]
On April 28, 2005, police were dispatched to Piner High School to investigate a possible explosive device. The principal informed the police that appellant John D., a
14-year-old student at the school, was found in possession of a device that looked like a bomb. A student had reported to a teacher that he had seen an item resembling a bomb in John D.'s backpack. When John D. was called to the principal's office, he handed over a device wrapped in electrical tape with a fuse sticking out. He told school staff that the device was not an explosive.
John D. told police that he made the device for fun and told friends at school about it; he took it to school because his friends had asked to see it. He found instructions for making the device on the internet, but he substituted â€
