Conservatorship of Troy M. CA1/3

Filed 7/1/21 Conservatorship of Troy M. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

Conservatorship of the Person of Troy M.

CONTRA COSTA COUNTY PUBLIC GUARDIAN, as Conservator, etc., A160471 Petitioner and Respondent, v. (Contra Costa County TROY M., Super. Ct. No. MSP19-00029)

Objector and Appellant.

Troy M. was found incompetent to stand trial on murder and assault charges. In April 2019, the court appointed the Contra Costa County Public Guardian (public guardian) as his conservator under the Lanterman–Petris– Short (LPS) Act (Welf. & Inst. Code, § 5000 et seq.) and determined that a secured state hospital was the most appropriate placement for Troy.1 In October 2019, the parties agreed to modify Troy’s placement to the level of a mental health rehabilitation center (MHRC) or an institution for mental disease (IMD) if feasible and if not then a state hospital. In May 2020, Troy’s

We use the conservatee’s first name only, to protect his privacy; we 1

mean no disrespect. (Welf. & Inst. Code, § 5325.1, subd. (b); Cal. Rules of Court, rule 8.90(b)(2).)

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counsel moved to compel immediate placement of Troy in a mental health treatment facility. The court denied the motion. On appeal, Troy argues that the court erred in denying the motion, as it had the authority to order the immediate transfer of Troy to an appropriate treatment facility and should have exercised that authority. While both parties agree that Troy’s claims are now moot because he has since been placed in an appropriate facility, Troy asks us to consider the appeal notwithstanding its mootness. We decline to do so and dismiss the appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND On September 19, 2018, Troy was charged by information with murder (Pen. Code, § 187, subd. (a)) and assault with force likely to cause great bodily injury (id., § 245, subd. (a)(4)). Troy was subsequently found incompetent to stand trial under Penal Code section 1370. On January 4, 2019, a petition was filed for the appointment of a conservator pursuant to Welfare and Institutions Code sections 5350 and 5008, subdivision (h)(1)(B), under the LPS Act, commonly referred to as a Murphy conservatorship. A Murphy conservatorship may be established when: (1) a person satisfies the definition of “gravely disabled” through a finding that he or she is mentally incompetent under Penal Code section 1370; and (2) there is a pending information against the person that charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person. (Welf. & Inst. Code, § 5008, subd. (h)(1)(B)(i); People v. Karriker (2007) 149 Cal.App.4th 763, 774–775.) For a Murphy conservatee, “first priority shall be placement in a facility that achieves the purposes of treatment of the conservatee and protection of the