P. v. Fletcher CA5

Filed 4/23/13 P. v. Fletcher CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F063786 Plaintiff and Respondent, (Super. Ct. No. CF03901007) v.

WILLIAM DOUG FLETCHER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. Paul Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Melissa Lipon, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Poochigian, J.

INTRODUCTION Appellant William Doug Fletcher was recommitted to Coalinga State Hospital (CSH) as a mentally disordered offender (MDO) pursuant to Penal Code section 29621 for a one-year term, expiring December 14, 2012. He challenges the sufficiency of the evidence to support his commitment as an MDO. The term of commitment under the order appealed from expired on December 14, 2012, thereby rendering it impossible for this court to grant any effectual relief to Fletcher. He does not raise any legal issues that have evaded appellate review; therefore, we exercise our discretion to dismiss this appeal as moot. FACTUAL AND PROCEDURAL SUMMARY In 1995, when Fletcher was 21 years old, he was convicted of misdemeanor annoying or molesting a child based upon his following a 15-year-old girl for approximately two years in order to be “close” to the girl. In 1996 Fletcher tried to kiss a 12-year-old girl in the laundry room of his apartment complex. He told the girl he wanted “to do her.” Also in 1996, Fletcher asked a neighbor’s five-year-old daughter to come to his apartment, where he asked the child to lie down on the bed. Fletcher then kissed the child and afterwards pulled down his pants and exposed his penis to the child. The conduct with the five-year-old constituted the basis of Fletcher’s second conviction for annoying or molesting a child. Fletcher committed the qualifying offense for MDO commitment when he was 29 years old. Over the course of several weeks, Fletcher followed a 13-year-old girl as she walked home from school. On one occasion, he positioned himself across the street from her home and waited for her. After his arrest, Fletcher told officers he wanted to make the girl “his friend” so he could touch her. Fletcher repeatedly told officers he did not intend to rape the teenager; he wanted to “touch her.” In 2003 Fletcher pled no contest to 1All further statutory references are to the Penal Code unless otherwise stated.