Pipkin
People v. Pipkin
Opinion
Lead Opinion
Reardon, J.
Ralph Pipkin (Pipkin or appellant) appeals from the trial court's order denying his motion to dismiss and recommitting him for treatment under the Mentally Disordered Offender Act (MDO Act) ( Pen. Code, § 2960 et seq. ) 1 . The sole issue before us is whether the challenged recommitment order was fatally flawed because the underlying felony offense supporting Pipkin's original commitment as a mentally disordered offender (MDO) has been reduced to a misdemeanor in accordance with Proposition 47. However, Pipkin's MDO recommitment expired on October 13, 2016-while the instant appeal was pending-and the Alameda County District Attorney (District Attorney) declined to file a successive petition to extend it for an additional year. Because Pipkin is no longer subject to involuntary civil commitment under the MDO Act, we dismiss this matter as moot.
I. BACKGROUND
In July 2011, Pipkin was sentenced to state prison for two years after his probation was revoked with respect to a 2009 felony grand theft conviction (§ 487). The circumstances underlying this conviction are described in the record as follows: "Mr. Pipkin grabbed a female victim's sweatshirt and stated 'give me your phone.'…