People v. Ellis CA4/1

California Court of Appeal Aug 8, 2014 No. D064605Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court dismissed the appeal as moot because the defendant was found competent to stand trial and criminal proceedings were reinstated, rendering the challenge to the involuntary medication order without practical effect.

Issues

Whether an appeal challenging an order for involuntary administration of psychotropic medication is moot when the defendant has been found competent to stand trial.
Whether the court should exercise its discretion to review a moot case involving constitutional issues that may otherwise evade review.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Where a court ruling will have no practical effect or where the court cannot provide any relief to the parties, such case has become moot.”

“We recognize the court may exercise discretion to review a moot case where the issue is of a recurring nature which might otherwise evade review. However, this is not the case for the exercise of such discretion.”

Filed 8/8/14 P. v. Ellis CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064605

Plaintiff and Respondent,

v. (Super. Ct. No. MH108867)

TAMMY ROSHYN ELLIS,

Defendant and Appellant.

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

Gallagher, Judge. Appeal 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, Charles C. Ragland and

Collette C. Cavalier, Deputy Attorneys General, for Plaintiff and Respondent.

On August 14, 2013, following a proceeding under Penal Code section 1368, the

court found Tammy Roshyn Ellis incompetent to stand trial and committed her to Patton

State Hospital for a period not to exceed three years. The commitment order authorized

involuntary administration of psychotropic medication.

On September 10, 2013, Ellis filed a notice of appeal.

Ellis appeals contending the court acted unlawfully in authorizing involuntary

People v. Ellis CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064605

TAMMY ROSHYN ELLIS,

More from California Court of Appeal

Related research

DISCUSSION

DISPOSITION

HUFFMAN, J.

O'ROURKE, J.

AI Brief