206 Cal. App. 4th 1240
Cal. Ct. App.2012Background
- The minor, D.L., was charged with two counts of residential burglary in August 2010.
- DEJ eligibility was determined by the prosecutor on September 7, 2010, but no hearing date was set.
- A settlement conference occurred September 10, 2010, and a further conference was set for September 24, 2010, with no DEJ hearing noted.
- At trial readiness conference on November 23, 2010, the court stated D.L. was eligible but not suitable for DEJ, without a DEJ hearing.
- A jurisdictional trial followed, the stolen property allegation was dismissed, and two burglaries were sustained.
- The court imposed maximum confinement of eight years four months, placed D.L. on probation, and ordered 102 days in a youth facility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to conduct DEJ hearing after eligibility notice | D.L. contends mandatory DEJ hearing was not held | People argue the trial readiness conference sufficed as DEJ hearing | Remanded for proper DEJ hearing under rule 5.800(f) and Welfare & Institutions Code §791(b) |
| Insufficient notice of DEJ hearing date | D.L. lacked notice of when the DEJ hearing would occur | People contend notice of eligibility sufficed | Reversal required; due process requires proper notice and opportunity to be heard |
Key Cases Cited
- In re Mario C., 124 Cal.App.4th 1303 (Cal. Ct. App. 2004) (DEJ framework and mandatory hearing requirements)
- In re Joshua S., 192 Cal.App.4th 670 (Cal. Ct. App. 2011) (needs for DEJ suitability review and record consideration)
- In re Luis B., 142 Cal.App.4th 1117 (Cal. Ct. App. 2006) (prescribed DEJ procedures and thresholds for suitability)
- In re Spencer S., 176 Cal.App.4th 1315 (Cal. Ct. App. 2009) (notice and DEJ hearing requirements)
- Kenneth J., 158 Cal.App.4th 973 (Cal. Ct. App. 2008) (where minor contesting charges forecloses DEJ consideration)
- Usef S., 160 Cal.App.4th 276 (Cal. Ct. App. 2008) (minor’s denial of allegations impact on DEJ eligibility)
- In re Luis F., 177 Cal.App.4th 176 (Cal. Ct. App. 2009) (due process and DEJ deferral considerations)
- People v. Ramirez, 25 Cal.3d 260 (Cal. 1979) (due process notice and opportunity to be heard)
- Gresher v. Anderson, 127 Cal.App.4th 88 (Cal. Ct. App. 2005) (notice and hearing considerations in DEJ context)