People v. Walker CA1/3

Filed 3/11/24 P. v. Walker CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A167667

v. (Solano County JEREMY WALKER, Super. Ct. No. FCR275822) Defendant and Appellant.

Jeremy Walker appeals from a trial court order extending his involuntary commitment to the Department of State Hospitals by one year, until April 24, 2023, as an offender with a mental health disorder (OMHD) under Penal Code sections 2970 and 2972.1 While this appeal was pending, the one-year involuntary commitment expired. We dismiss the appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND In 2008, Walker was convicted of attempted second-degree murder after repeatedly stabbing a construction worker with a knife. Walker—who

1 Undesignated statutory references are to the Penal Code. OMHDs were previously referred to as “mentally disordered offenders,” but the Legislature recently changed the terminology to “ ‘ “offender with a mental health disorder.” ’ ” (See People v. McCray (2023) 98 Cal.App.5th 260, 264, fn. 1 (McCray).)

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has a history of mental illness—was incarcerated at the California Medical Facility in Vacaville. In 2010, while in custody at that facility, Walker was charged with battery on a non-confined person by a prisoner (§ 4501.5) and resisting an executive officer in performance of his duty (§ 69). In January 2012, Walker pleaded no contest to the battery charge and the trial court sentenced him to additional time in state prison. In April 2014, Walker was transferred to the Department of State Hospitals pursuant to § 2962 to receive mental health treatment as a condition of his parole. He was continuously treated at the Department of State Hospitals during his parole term, which was set to terminate in April 2017. In 2017, upon petition by the prosecution pursuant to § 2970 et seq., the court extended Walker’s commitment for the first time by one year, until April 2018. The court granted subsequent petitions for continued involuntary treatment, thereby extending Walker’s commitment through April 2022. In November 2021, the prosecution petitioned to recommit Walker for one year. Trial was initially set to take place in March 2022. At Walker’s request (and for other reasons), trial was continued multiple times. A three- day trial was ultimately held in late February 2023, and the jury found true the petition alleging Walker to be an OMHD. In March 2023, the trial court ordered Walker committed for another year, extending his commitment to April 24, 2023. In April 2023, the trial court held a bench trial on a subsequent commitment petition. The court found the petition true and extended Walker’s commitment to April 24, 2024.