People v. K.W. CA4/1

California Court of Appeal Mar 27, 2024 No. D083263Unpublished

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Holding. The court held that an appeal from an order committing a defendant to a state hospital for incompetency is moot when the trial court subsequently finds the defendant competent and reinstates criminal proceedings.

Issues

Whether an appeal from a section 1370 commitment order is rendered moot by the subsequent restoration of the defendant's competency and reinstatement of criminal proceedings.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“We conclude that with K.W.’s restoration to competency and the reinstatement of criminal proceedings, this appeal is moot.”

“The trial court’s order committing K.W. to DSH imposes no disadvantageous collateral consequences for which effective relief may now be provided on appeal, and the appeal is, therefore, moot.”

Filed 3/27/24 P. v. K.W. CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083263

Plaintiff and Respondent,

v. (Super. Ct. No. FWV22004237) K.W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino County, Joseph B. Widman, Judge. Dismissed. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. MEMORANDUM OPINION K.W. appeals an order committing him to the Department of State Hospitals (DSH) pursuant to Penal Code,1 section 1370. However, during the pendency of this appeal, the trial court approved a certificate of restoration

1 All further undesignated statutory references are to the Penal Code.

and ordered the criminal proceedings against K.W. reinstated. We conclude that with K.W.’s restoration to competency and the reinstatement of criminal

proceedings, this appeal is moot. We therefore dismiss the appeal.2 BACKGROUND In November 2022, the Office of the San Bernardino District Attorney charged K.W. with two counts of robbery (§ 211) and one count of resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1)), along with an allegation he suffered three prior serious or violent felony convictions (§§ 1170.12, subds. (a)–(d); 667, subds. (b)–(i)). At a hearing in July 2023, K.W.’s counsel declared a doubt as to K.W.’s competency, and the trial court suspended criminal proceedings pursuant to section 1368. On August 11, 2023, the trial court found K.W. incompetent to stand trial, and on September 8, 2023, ordered him committed to DHS for a two-year maximum term. (§§ 1369, 1370.) While the instant appeal was pending, the trial court reinstated criminal proceedings after finding that K.W.’s competency to stand

People v. K.W. CA4/1

AI Brief

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083263

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