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Name: In re V.B.
Case #: B183851
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/26/2006

The 11-year-old minor entered into a plea bargain in which he pleaded guilty to theft and a robbery charge was dismissed and he was placed in a deferred entry of judgment program pursuant to Welfare and Institutions Code sections 790-795. None of the parties nor the court realized that appellant was not eligible for the program because he was under age 14. At a later hearing, another judge discovered the ineligibility and vacated the minor’s placement into the program. The minor completed all the conditions of probation. The appellate court affirmed the orders. Because the minor was 11 at the time of the proceedings, the court acted in excess of its jurisdiction when it placed the minor in the deferred entry of judgment program. The court was not precluded from taking corrective action later on to correct its mistake. The minor was given benefit of his plea bargain to the extent allowed under the law.