People v. Faison CA1/3

Filed 12/22/25 P. v. Faison CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A171604 v. JAMES GREGORY FAISON, JR., (Contra Costa County Super. Ct. No. 04-24-01249) Defendant and Appellant.

The trial court found defendant James Gregory Faison, Jr. incompetent to stand trial and authorized the involuntary administration of medication. Defendant appeals on the grounds his rights to due process and equal protection were violated by the denial of a full evidentiary hearing on whether he should be involuntary medicated. The Attorney General has moved to dismiss the appeal as moot because defendant has since been restored to competency and granted mental health diversion. For the reasons that follow, we grant the motion and dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged by complaint on June 17, 2024 with seven counts of felony vandalism with damages of more than $400. (Pen. Code, § 594, subd. (a); see id., subd. (b)(1); all statutory references are to this code.)

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His attorney declared a doubt as to his competency to stand trial (§ 1368), and the trial court suspended criminal proceedings and appointed doctors to evaluate him. After reviewing their reports, on September 3, 2024 the trial court found defendant incompetent to stand trial and ordered him referred to the Contra Costa Conditional Release Program (CONREP) for a recommendation regarding placement for restoration to competency. The court also noted that both doctors had opined defendant met the criteria for involuntary medication, and it indicated it would hear argument on that point at the commitment hearing. (§ 1370, subd. (a)(2)(B).) CONREP recommended that defendant be committed to the Department of State Hospitals (DSH), and the trial court did so on October 1, 2024. At the hearing, defense counsel objected to an involuntary medication order and argued defendant had the right to a full hearing on the issue on due process and equal protection grounds. Without holding an evidentiary hearing, the trial court authorized DSH to administer medication to defendant involuntarily. Defendant timely appealed the trial court’s October 1 order. Defendant moved for pretrial mental health diversion on November 12, 2024. (§ 1001.36) The trial court referred the matter to Forensic Mental Health for an evaluation of whether a treatment plan could be provided, and a plan was later provided to the court that included psychiatric appointments, medication, and individual and group therapy. On January 6, 2025, the trial court found defendant competent to stand trial, reinstated criminal proceedings, granted defendant’s request for pretrial mental health diversion, and ordered him released with conditions. Defendant agreed to comply with his treatment plan.