The Court of Appeal held that remand is required for a determination of the minor’s eligibility and suitability for DEJ where it was “undisputed” that the prosecutor failed to provide written notice of his eligibility. If the juvenile court denies DEJ upon remand, the Court instructed that the juvenile court must: (1) expressly determine whether the minor’s wobbler offenses are felonies or misdemeanors; (2) properly calculate the minor’s maximum term of confinement; (3) award additional custody credits; and (4) strike the probation condition prohibiting the minor from possessing and using tobacco because that condition has no relation to the minor offense, is not itself criminal, and is not related to his future criminality notwithstanding evidence in the record that the minor regularly used marijuana.
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