In re Steven N.
Appellant, Steven N., admitted the allegations in a juvenile delinquency petition (Welf. and Inst. Code, S 602) that when he was 12 years old he committed a lewd act upon a child (Pen. Code, S 288, subd. (a); count 1) and orally copulated a person under the age of 14 (Pen. Code, S 288, subd. (a)(c)(1); count 2). The juvenile court found count 1 of the petition true, held count 2 in abeyance, and placed appellant home on probation.
Court hold as follows: (1) since appellant did not appeal from the dispositional order, he cannot complain about that underlying order placing him home on probation rather than granting a deferred entry of judgment (S 790), or about the court's statement of the theoretical maximum period of confinement; and (2) the court had no statutory authority to grant a postjudgment motion seeking to vacate the home on probation order and grant a belated deferred entry of judgment.
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