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Name: In re B.G.
Case #: F084797
Opinion Date: 05/02/2023
Attorney: Candice L. Christensen

The Court of Appeal held that the juvenile court erred in failing to stay one of minor’s offenses pursuant to Penal Code section 654 when calculating his maximum period of confinement. The juvenile court additionally erred in failing to consider minor’s suitability for deferred entry of judgment (“DEJ”). The notice minor was given of his eligibility was inadequate because it did not identify a date for a DEJ suitability hearing and nothing in the record suggests that the inadequate notice was actually served on minor’s custodial adult at least 24 hours prior to the time set for the DEJ suitability hearing. Accordingly, minor was not properly advised of his eligibility and his decision to contest the allegations cannot be fairly understood as a rejection of DEJ.