People v. Silverstein CA3

Filed 8/30/22 P. v. Silverstein CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C094295

Plaintiff and Respondent, (Super. Ct. No. 18CF05303)

v.

REBECCA LYNN SILVERSTEIN,

Defendant and Appellant.

Defendant Rebecca Silverstein appeals from the trial court’s order denying her motion to terminate probation early. She contends that at the hearing on her petition the trial court erred by admitting hearsay evidence, evidence of a crime for which she was not convicted, and opinion testimony from the probation officer. She further contends the trial court abused its discretion in denying her petition, improperly allowed the prosecutor to make inflammatory and defamatory remarks regarding her mental health, and was biased in favor of the prosecution.

1

We requested supplemental briefing from the parties on defendant’s probationary status, and whether her appeal was moot given that her three-year probationary term apparently expired in March 2022 while this appeal was pending. Having considered the parties’ supplemental briefs, we shall dismiss the appeal as moot.

FACTS AND HISTORY OF THE PROCEEDINGS In September 2018, defendant was charged with assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 1; statutory section citations that follow are found in the Penal Code unless otherwise stated); recklessly fleeing a pursuing peace officer’s vehicle (Veh. Code, § 2800.2, subd. (a); count 2); carrying an unregistered, loaded firearm (§ 25850, subd. (a); count 3); and resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1); count 4). The court also issued a criminal protective order in favor of the assault victim. (§ 136.2.) Shortly after the complaint was filed, the court suspended criminal proceedings after defense counsel declared a doubt as to defendant’s mental competency under section 1368. In January 2019, the court reinstated criminal proceedings after receiving a report from an appointed forensic clinical psychologist that defendant was mentally competent. On January 24, 2019, defendant pleaded no contest to an added count 5, assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)) in exchange for dismissal of the remaining counts with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) The parties stipulated to the probation report as the factual basis for the plea. According to the probation report, defendant assaulted her estranged husband with a firearm at the hospital where he worked after he refused to refill medication that he had prescribed for her as a doctor. She later refused to yield when officers attempted a traffic stop, committing numerous traffic violations before she was arrested. On March 28, 2019, the trial court suspended imposition of sentence and placed defendant on three years domestic violence formal probation with various terms and