People v. Hayes CA1/4

Filed 11/30/22 P. v. Hayes CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A163679 v. DAREN HAYES, (Solano County Super. Ct. No. FCR353928) Defendant and Appellant.

Appellant Daren Hayes appeals the trial court’s order requiring him to complete a 52-week domestic violence program as a condition of parole. In supplemental briefing submitted in response to a request from this court, however, the parties agree that the appeal is moot because defendant’s term of parole expired while this appeal was pending. Finding no applicable exception to the mootness doctrine, we shall dismiss the appeal. BACKGROUND Defendant was convicted of violating Penal Code section 422 (criminal threat) and sentenced to two years and four months in prison.1 He was released on parole in July 2020, and referred to the Sonoma County Superior Court’s parole re-entry court.

1 Undesignated statutory references are to the Penal Code.

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One condition of his parole was that he complete a 52-week domestic violence class. In July 2021, defendant moved the court to dismiss the 52- week domestic violence counseling requirement on the basis that he was gainfully employed, living in a sober living environment, taking care of his mother, and engaged in similar classes for 26 hours per week through the Archway Recovery Services program on topics including domestic violence, anger management, victim impact, denial management, and coping skills. The trial court granted defendant’s request and eliminated the domestic violence counseling requirement. But in September 2021, after reviewing a prosecution motion and section 3053.2, the court reconsidered its earlier order and reinstated the domestic violence condition.2 This appeal followed. DISCUSSION Because defendant’s parole expiration date was not apparent from the record, on October 13, 2022, this court