P .v. Cruz CA4/1

California Court of Appeal Dec 10, 2013 No. D062781Unpublished

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Holding. The court dismissed the appeal as moot because the appellant's term of commitment had expired, rendering it impossible to grant effectual relief, and the issues raised did not involve matters of public interest likely to recur.

Issues

Whether an appeal from an expired MDO commitment order is moot when it cannot provide the parties with effective relief.
Whether the court should exercise its discretion to address the merits of a moot appeal involving sufficiency of the evidence and outpatient treatment requests.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Cruz's term of commitment expired on August 10, 2013, thereby rendering it impossible for the court to grant him any effectual relief.”

“He does not raise any legal issues that are matters of public interest or that are likely to recur while evading appellate review.”

“Thus, we exercise our discretion to dismiss this appeal as moot.”

Filed 12/10/13 P .v. Cruz CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062781

Plaintiff and Respondent,

v. (Super. Ct. Nos. CR100787, CR125680) RICHARD LARRY CRUZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Amalia L.

Meza, Judge. Dismissed.

Laurel M. Nelson, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Christine

Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent.

Richard Larry Cruz appeals from an order extending his commitment to the

California Department of State Hospitals, as a mentally disordered offender (MDO). He

challenges the sufficiency of the evidence to support his commitment as an MDO and

argues the trial court failed to properly consider his request for outpatient treatment. Cruz's

term of commitment expired on August 10, 2013, thereby rendering it impossible for the

court to grant him any effectual relief. He does not raise any legal issues that are matters of

P .v. Cruz CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062781

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BACKGROUND

DISCUSSION

DISPOSITION

MCDONALD, J.

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