Conservatorship of L.B. CA1/1

Filed 8/20/21 Conservatorship of L.B. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Conservatorship of the Person of L.B.

PUBLIC GUARDIAN OF CONTRA A160462 COSTA COUNTY, (Contra Costa County Plaintiff and Respondent, Super. Ct. No. MSP19-00671) v. L.B., Defendant and Appellant.

INTRODUCTION In this conservatorship appeal, L.B. challenges the trial court’s June 2020 order denying his motion to compel immediate placement in a treatment facility. The Contra Costa Public Guardian (Public Guardian) was appointed as L.B.’s conservator in June 2019, at which time the trial court designated the most appropriate placement for him. However, despite significant efforts by the Public Guardian to facilitate L.B.’s transfer to an appropriate facility, he remained in the county jail for over a year. While this extended delay in placement is certainly not optimal, L.B.’s conservatorship was terminated in August 2020. We therefore dismiss this appeal as moot for the reasons discussed below. 1

BACKGROUND L.B. was charged with an October 2015 assault with intent to commit rape (Pen. Code, § 220, subd. (b)) and was found incompetent to stand trial by two evaluators under Penal Code section 1370. He was sent to Napa State Hospital (NSH) for competency restoration from June 2016 to January 2017, after which it was determined that his symptoms had been well-controlled by treatment and he had been restored to competency. Upon his return to the jail, however, defense counsel again declared a doubt as to L.B.’s competency and the evaluating professionals agreed. L.B. was returned to NSH for competency restoration from December 2017 to February 2018. While at NSH, L.B. was diagnosed with schizoaffective disorder, bipolar type; antisocial behavior disorder; and pervasive development disorder due to his limited intellectual abilities. L.B. also had a number of substance use disorders involving amphetamines, cannabis, cocaine, alcohol, and opioids, which were in remission during his hospitalization. Although L.B. was again deemed restored to competency, his defense attorney continued to struggle to work with him. The trial court ultimately concluded that there was no substantial likelihood that L.B. would regain competence in the foreseeable future and a February 2019 order was issued to initiate a Murphy conservatorship proceedings for him.1