People v. McFaddin CA1/3

Filed 9/28/22 P. v. McFaddin CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A165843 v. REAFFORD EUGENE OLIVER (Stanislaus County McFADDIN, Super. Ct. No. 1222648) Defendant and Appellant.

Reafford Eugene Oliver McFaddin1 appeals from an order extending his involuntary commitment to the Department of State Hospitals for one year to October 19, 2021 as a mentally disordered offender (MDO) under Penal Code sections 2970 and 2972.2 While this appeal was pending, the challenged one- year involuntary commitment expired. We dismiss the appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND A. Background On February 9, 2007, McFaddin pleaded guilty to a violation of section 288, subdivision (a), and was sentenced to a mitigated three-year term in

1 The court documents contain various spellings of McFaddin’s first and last names. In this opinion, we spell his name as he does in his court documents. 2 All undesignated statutory references are to the Penal Code.

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state prison. In October of 2009, the Board of Parole Hearings (BPH) certified that McFaddin met the criteria for certification as an MDO. As a condition of his parole, McFaddin was transferred to the custody of the Department of State Hospitals to receive mental health treatment, and since that time he has continuously received treatment in a state hospital setting. On April 23, 2020, before McFaddin’s recommitment was to terminate on October 19, 2020, the district attorney filed a new petition to recommit McFaddin for one year, seeking to extend the commitment to October 19, 2021. In November 2020, a two-day trial was held and a jury found true the petition alleging McFaddin to be an MDO. On November 6, 2020, the trial court ordered McFaddin committed for another year until October 19, 2021. McFaddin timely appealed from the recommitment order issued on November 6, 2020. During the pendency of this appeal, McFaddin’s appellate counsel was granted one extension of time to file appellant’s opening brief, respondent was granted five extensions of time to file respondent’s opening brief, and McFaddin’s appellate counsel was granted three extensions of time to file appellant’s reply brief. The parties were also directed to file briefs addressing whether the appeal was moot since the one-year commitment order under review would expire before briefing was completed. In response, the Attorney General stated that as of November 18, 2021, McFaddin’s next recommitment trial was scheduled to begin on December 7, 2021.3