People v. Woodis CA4/1

INTRODUCTION

Deno Eugene Woodis appeals from an order extending his involuntary

commitment as a mentally disordered offender (MDO). (Pen. Code, § 2960 et seq.)

Woodis contends we must reverse the order because the trial court erred by (1) failing to

hold a Marsden1 hearing following his written Marsden motions, and (2) allowing his

trial attorney to waive his right to a jury trial over his objection. We conclude these

contentions are moot and dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In 1996 Woodis pleaded guilty to committing a lewd or lascivious act with a child

under the age of 14 (Pen. Code, § 288, subd. (a)). The victim was a four-year-old girl.

Woodis admitted he orally copulated her and had her both orally copulate and masturbate

him. He denied other sexual activity with her, stating he "would not have [had] sexual

intercourse with her until she was of legal age or puberty, maybe 12 or 13." He also

admitted he had previously taught two young boys, whom he babysat, to masturbate and

orally copulate him and one another.

After serving his prison sentence, Woodis was involuntarily committed to a state

hospital as an MDO in 2004. His commitment was…