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Name: People v. Sergio R.
Case #: A097287
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/25/2003
Subsequent History: none

Following a finding that appellant was not an appropriate candidate for deferred entry of judgment (Welf. & Inst. Code, sec. 790 et seq.) appellant admitted a petition which charged him with possession of methamphetamine and first degree burglary. On appeal, he argued that the trial court erred by refusing to order deferred entry of judgment. Appellant met the eligibility requirements but the prosecutor and probation department opposed deferred entry of judgment. Following a hearing, the trial court agreed. Here, the appellate court concluded that a study of the statutory language and legislative history show that a grant of deferred entry of judgment to an eligible juvenile is not compulsory. The juvenile court has discretion to grant deferred entry of judgment, and denial is not an abuse of discretion merely because the minor has satisfied the eligibility requirements. Here, there was evidence which showed the minor was unsuitable, though eligible, and required more formal, restrictive measures. Therefore, denial of deferred entry of judgment was not error.