In re Luis B.
Filed 8/24/06 In re Luis B. CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE
| In re LUIS B., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. LUIS B., Defendant and Appellant. | A112839 (San Mateo County Super. Ct. No. 74488) |
Following a contested jurisdictional hearing the juvenile court found that defendant committed the offenses of felony second degree burglary (Pen. Code, § 460, subd. (b)), and misdemeanor petty theft (Pen. Code, § 484), as alleged in a petition filed on October 7, 2005, pursuant to Welfare and Institutions Code section 602.[1] He also admitted allegations of resisting a peace officer (Pen. Code, § 148, subd. (a)(1)), as alleged in a previously filed, separate petition.[2] He was subsequently declared a ward of the court, removed from the custody of his parents, and placed in the Family Preservation Program. Defendant claims that the prosecutor and court erred by failing to consider him for the statutory deferred entry of judgment (DEJ) program (Welf. & Inst. Code, § 790, et seq.), and challenges the findings and orders of the juvenile court. We concur with defendant and the Attorney General that error was committed, and remand the case to the juvenile court to properly consider defendant for DEJ.
STATEMENT OF FACTS[3]
The burglary and petty theft offenses occurred on the afternoon of September 12, 2005, at the Valley Pride Supermarket on San Felipe Avenue in South San Francisco. Defendant and his friend Marco entered the market together, but separated: Marco purchased some candy from the front of the store, while defendant went to the â€
