People v. Denson CA3

BACKGROUND

In April 2021, defendant was charged in case No. CRF21-00717-MH with first degree burglary with a person present (Pen. Code, §§ 459, 462, subd. (a))1 and assault with a deadly weapon (§ 245, subd. (a)(1)). In May 2021, defendant was charged in case No. CRF21-00884-MH with unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) and second degree burglary (§ 459). In June 2021, the court found defendant not mentally competent to stand trial and in July 2021 ordered him committed to the State Department of State Hospitals. In September 2021, defendant timely appealed. During the pendency of his appeal, defendant was restored to competency and entered a stipulated plea of no contest to assault with a deadly weapon in case No. CRF21‑00717‑MH and unlawfully driving or taking a vehicle in case No. CRF21‑00884‑MH. In April 2022, the court dismissed the remaining counts in both cases and sentenced defendant to 2 years and 16 months, respectively. The court ordered defendant released on parole, as his custody and conduct credits exceeded the sentences imposed.

DISCUSSION

“ ‘ “[A]n action that originally was based on a justiciable controversy cannot be maintained…