People v. Omana CA2/1

Filed 6/24/21 P. v. Omana CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B306220

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. ZM046347) v.

SERGIO OMANA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura Streimer, Commissioner. Appeal dismissed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew Rodriquez, Acting Attorney General, Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Zee Rodriguez, Michael R. Johnsen and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________________ Sergio Omana appeals from the trial court’s order extending his commitment to the Department of State Hospitals under Penal Code section 1026.51 until January 13, 2021. The order from which Omana appeals has expired, and Omana is currently subject to a new order that extends his commitment to January 13, 2023. In a supplemental letter brief, Omana concedes this appeal is moot and should be dismissed. For the reasons set forth below, we agree and dismiss the appeal. BACKGROUND In 2017, Omana was committed to the Department of State Hospitals under section 1026 after being found not guilty by reason of insanity of assault by force likely to produce great bodily injury. (§ 245, subd. (a)(4).) His maximum term of commitment was set to expire on January 13, 2019. On October 5, 2018, the prosecution filed a petition to extend the commitment under section 1026.5, alleging Omana represented a substantial danger of physical harm to others by reason of mental disease, defect, or disorder. On November 13, 2019, the trial court accepted defense counsel’s waiver of jury trial on the petition to extend the commitment, based on defense counsel’s representation she had a doctor’s letter indicating Omana lacked capacity to enter the waiver. Apparently, defense counsel did not submit this letter to the trial court, and the letter is not part of the record on appeal. At a December 9, 2019 bench trial, the court heard testimony from Omana and both a psychologist and a psychiatrist who had evaluated him. The court also considered reports from