O.P.
People v. O.P.
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.
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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…