O.P.

People v. O.P.

Good Law
143 Cal. Rptr. 3d 869·2012 Cal. App. LEXIS 805·207 Cal. App. 4th 924·2012 WL 2870408
Court of Appeal of CaliforniaJuly 13, 2012No. C066319California3,512 words

Opinion

Lead Opinion

Raye, J.

A prosecutor charged 13-year-old O.P., who is mildly mentally retarded, 1 with assault with a deadly weapon; a court found he was not competent to stand trial, and pursuant to a challenged special instruction, the jury may have found him dangerous solely because he is an incompetent defendant charged with a violent felony. He contends the special instruction renders his civil commitment unconstitutional. (Welf. & Inst. Code, § 6500.) 2 We agree.

*927 I

MOOTNESS

Following an 11-day jury trial, the court committed O.P. to Porterville Developmental Center (Porterville) and set a recommitment hearing for September 27, 2011. Since O.P.’s appeal will be decided beyond his commitment period, his appeal is technically moot. (People v. Bailie (2006) 144 Cal.App.4th 841, 844, fn. 2 [ 50 Cal.Rptr.3d 761 ] (Bailie).) He has either been released from Porterville or he has been recommitted on new facts. As a result, the facts of the underlying case are, for the most part, irrelevant.

Nevertheless, “courts have decided such appeals where the issues are recurring and present important questions of law. [Citation.]” (Bailie, supra, 144 Cal.App.4th at p. 844, fn. 2 .) This case…

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