In re Smith

Opinion

SIMS, J. Petitioner on October 2, 1973, was committed to Atascadero State Hospital pursuant to the provisions of section 1026 of the Penal Code, following a finding that he was insane at the time he committed an assault in violation of subdivision (a) of section 245 of the Penal Code. By his petition for habeas corpus he sought review of proceedings under subdivision (c) of section 7375 of the Welfare and Institutions Code1 in [338]which the trial court on April 29, 1975, disapproved the recommendation of the medical director of the hospital that he would receive benefit from parole. He contended that the superior court disposed of the matter of his parole without the requisite statutory hearing, that he was denied due process of law and equal protection of the laws, and his right to have counsel present at all stages of the proceedings.2

The petition originally filed in the Second Appellate District was transferred to this district by the Chief Justice at the request of the Presiding Justice of Division One of the former district. We issued an order to show cause directed, as amended, to the trial court to show cause why the relief prayed for by petitioner should not be granted and appointed counsel for petitioner. The Attorney General filed a return, petitioner’s counsel filed a reply and the matter was set for hearing.

Shortly prior to the hearing we were advised by petitioner’s counsel that petitioner had secured his release on parole. She requested [339]that the matter be determined in any event, because the parole procedure under section 7375 was a matter of public importance. The Attorney General urged that the petition be dismissed as moot because petitioner has obtained the parole which he sought. In In re William M. (1970) 3 Cal.3d 16 [89 Cal.Rptr. 33, 473 P.2d 737], the court in an analogous situation ruled as follows, “[I]f a pending case poses an issue of broad public interest that is likely to recur, the court may exercise an inherent discretion to resolve that issue even though an event occurring during its pendency would normally render the matter moot.” (3 Cal.3d at p. 23. See also In re Law (1973) 10 Cal.3d 21, 23 [109 Cal.Rptr. 573, 513 P.2d 621].) The question of the procedure to be followed by the trial court under the provisions of subdivision (c) of section 7375 is recurring and is of general importance.