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Name: In re Edy D.
Case #: B166775
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/26/2004

Due process prohibits a juvenile court from considering a minor’s choice to adjudicate the allegations against him in determining the proper disposition. At the time that the minor rejected the offered plea agreement, the court informed counsel that probation under Welfare and Institutions Code section 725 was “off the table” due to the minor’s decision to proceed to a court trial. Counsel later moved to disqualify the judge under Code of Civil Procedure section 170.1, but the court rejected the motion as untimely. At the disposition, the court rejected the probation report’s recommendation of a disposition under section 725, and declared the minor a ward under section 602. The court of appeal found that by holding the minor’s decision to go forward with a court trial against him at the disposition, the juvenile court deprived the minor of due process under the law.