Conservatorship of M.C. CA4/3

Filed 4/3/25 Conservatorship of M.C. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

Conservatorship of the Person of M.C.

ORANGE COUNTY PUBLIC G063844 GUARDIAN, (Super. Ct. No. 30-2023- Petitioner and Respondent, 01353455)

v. OPINION

M.C.,

Objector and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Mena Guirguis, Judge. Affirmed. Motion to Dismiss denied. Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant.

Leon J. Page, County Counsel, Andrea Coller and Janice L. Fay, Deputy County Counsel, for Plaintiff and Respondent. * * * After a jury found M.C. was “gravely disabled” within the 1 meaning of Welfare & Institutions Code section 5008, subdivision(h)(1)(B), the court ordered that he be placed in a “public locked facility.” M.C. appeals, contending the court erred in denying his request to be placed in a “private locked facility” due to the lengthy wait for an opening at a public locked facility. As discussed below, we find no error because the relevant statutory provision permits placement in a “public locked facility” and the trial court’s decision to choose that placement over others is reasonable and supported by substantial evidence. We thus affirm the judgment. However, the underlying issue implicated in this appeal—indefinite detention of a mentally ill person in jail while waiting for openings at mental health facilities—is an ongoing concern, and we note this issue may need to be addressed by filing for reconsideration with the trial court or via a petition for a writ. STATEMENT OF THE CASE On October 27, 2020, the Orange County District Attorney filed a felony complaint charging M.C. with attempted murder and assault with a deadly weapon. On September 8, 2021, the trial court found M.C. incompetent to stand trial and committed him to a state institution for two years pursuant to Penal Code section 1370. On September 28, 2023, the Orange County Public Guardian (Public Guardian) petitioned the court to reappoint it as the Conservator for