Conservatorship of M.M. CA6

I. INTRODUCTION

After a jury trial, appellant M.M. was found to be gravely disabled within the meaning of the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.).1 The trial court appointed respondent Public Guardian for Santa Clara County as conservator of the person of appellant. On appeal, appellant contends that section 5350, subdivision (e)(4) of the LPS Act precluded him from relying on a “third-party assistance defense” at trial in violation of his constitutional rights to equal protection and due process.

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated. He argues that the matter should be remanded for a new trial where he can present such a defense. While this appeal was pending, appellant’s one-year conservatorship expired. Although he acknowledges that his appeal is “technically moot,” appellant requests that this court nevertheless address the issues he raises on appeal. For reasons that we will explain, we will dismiss the appeal.

II. BACKGROUND

According to the record on appeal, in mid-2017, appellant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). He was…