People v. Young CA4/3

Filed 6/14/24 P. v. Young CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062008, G062017

v. (Super. Ct. Nos. 19HF1226, 18HF0581) NATHAN IVAN YOUNG, OPINION Defendant and Appellant.

Appeal from orders of the Superior Court of Orange County, Scott A. Steiner, Julian W. Bailey, and Michael F. Murray, Judges. Dismissed. Motion to consolidate; granted. Benoit motion; denied. Request for judicial notice; granted. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Stephanie A. Mitchell, Deputy Attorneys General, for Plaintiff and Respondent.

In two separate criminal cases, Nathan Ivan Young was twice found not mentally competent to stand trial and ordered committed to the Department of State Hospitals (DSH) under Penal Code section 1370.1 Young appeals from the second set of commitment orders, arguing the court erred by failing to rule on his pending Marsden2 motions and by miscalculating custody credits to be applied to his second commitment term. While the appeals were pending, the charges against Young were dismissed in the interest of justice.3 Given these developments, we cannot grant Young any effective relief, and for that reason we dismiss the appeals as moot. FACTS We begin by summarizing the two cases from which the appeals have been taken. The first case, Orange County Superior Court case no. 18HF0581, was filed on April 23, 2018 (the 2018 case; appeal no. G062017). A 2022 felony information charged Young with identity theft with a prior conviction (§ 530.5, subd. (c)(2); counts 1, 3, 15, 17); identity theft (§ 530.5, subd. (a); counts 2, 4, 7, 9–10); second degree burglary (§§ 459–460, subd. (b); counts 5 & 13); false personation (§ 529, subd. (a)(3); count 6); conspiracy to commit the crime of unauthorized use of personal identifying information (§§ 182,