Lindsey

While an information charging defendant with three felonies was pending, the superior court determined, after a hearing, that defendant was then insane within the meaning of Penal Code sections 1367-1370. On May 21, 1971, the court committed him to a state hospital for care and treatment. Defendant is appealing from that order.

On August 25, 1971, the superior court received notice that the superintendent of the state hospital had certified that defendant had become sane. Pursuant to Penal Code section 1372 defendant was brought back to the court and the criminal charges were set for trial.

The order of commitment made May 21, 1971, is an appealable judgment. (People v. Fields (1965) 62 Cal.2d 538 [ 42 Cal.Rptr. 833 , 399 P.2d 369 , 16 A.L.R.3d 708 ].) Since a person committed under Penal Code section 1370 must be held until he becomes sane, such a commitment may result in a permanent deprivation of liberty. In this case the superintendent’s certification of sanity terminates the commitment, leaving no prejudicial consequences which could be ameliorated by a successful appeal. This appeal has therefore become moot and must be dismissed.

When.a person has been convicted…