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Name: Martha C. v. Superior Court
Case #: D041101
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/06/2003
Subsequent History: None
Summary

A petition charged the minor with possession of marijuana for sale and transportation of marijuana. She was eligible for deferred entry of judgment (DEJ) pursuant to section 790 et seq. but the juvenile court refused to proceed pursuant to that section, stating that there were social policy implications (i.e. that it would send a message to other juvenile drug smugglers that there would be no consequences, and not provide a deterrent to others.) The appellate court granted the minor’s writ of mandate requiring the trial court to reconsider granting her DEJ. The court’s reasons were not appropriate because they had nothing to do with the minor’s potential for rehabilitation.