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Downey : Judge Postpones Sentencing of Mother in Truancy Case

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A Downey Municipal Court judge this week postponed the sentencing of Leticia Delava, a Downey mother who pleaded no contest to criminal charges of contributing to her child’s truancy.

Judge David W. Perkins granted a 60-day stay to allow Delava’s attorney the time to study a recent appeals court ruling that declared unconstitutional part of the law under which Delava was charged. Attorney Jeffrey Oberman said he may ask the court to set aside Delava’s plea as a result.

Prosecuting attorney Thomas Higgins said he is confident that the case will not be affected by the appeals court ruling.

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In November, Delava pleaded no contest to one count of contributing to the delinquency of a minor. She is the first California parent to be tried under the criminal code on a truancy-related charge in at least 20 years, Higgins said.

Delava’s 12-year-old son had at least 30 unexcused absences last year and had missed substantial class time for several years, Downey Unified School District officials said. Her son’s attendance has improved significantly in recent months, officials said.

Delava’s attorney said his client was being unfairly treated, and that her child was truly sick when she said he was.

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