People v. Booker CA1/4

Filed 9/25/24 P. v. Booker CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A168982 v. ROSHA LAFAYE-DENISE (Contra Costa County BOOKER, Super. Ct. Nos. 04002034445, Defendant and 04002037836, 04002034627, Appellant. 04002035210, 04002037331, 042200261, 042201244)

Rosha Lafaye-Denise Booker appeals two orders from the trial court: (1) a July 25, 2023 order terminating her participation in diversion; and (2) an August 21, 2023 commitment order finding her incompetent to stand trial (IST). Citing People v. Wende (1979) 25 Cal.3d 436, People v. Blanchard (2019) 43 Cal.App.5th 1020, and Conservatorship of Ben C. (2007) 40 Cal.4th 529, Booker’s appointed counsel filed a brief summarizing the facts and asking this court to independently review the record to identify any issues warranting relief. This court notified Booker of her opportunity to file a supplemental brief raising any issues she wished the court to consider; she has not done so.

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While the order committing Booker as IST may be appealed (People v. Christiana (2010) 190 Cal.App.4th 1040, 1045 [“an order determining the defendant to be incompetent and committing him to a state hospital is appealable as a final judgment in a special proceeding”])1, it is less clear that the order terminating Booker’s diversion is appealable. Assuming arguendo that it is, we nonetheless dismiss Booker’s appeal as to the order terminating her diversion as untimely. We also dismiss her appeal regarding the commitment order on the basis that it has been mooted by subsequent events. DISCUSSION Between January and November 2022, the People filed seven cases against Booker, charging her with approximately 20 misdemeanor and felony offenses ranging from petty theft to second degree robbery. We summarize only the most relevant portions of the procedural history relating to these cases. Based on her cognitive developmental disability, the trial court ordered Booker to participate in a diversion program pursuant to Penal Code section 1001.21 et seq. On July 7, 2023, however, Booker was discharged from her residential placement after stealing and using another resident’s credit card. On July 25, 2023, the court terminated Booker’s diversion as unsuccessful, based on its finding that Booker had only “very, very short stints of success,” notwithstanding the Regional