People v. J.S. CA4/2

INTRODUCTION

Defendant and appellant J.S. was committed to Porterville Developmental Center

(PDC) pursuant to Welfare and Institutions Code 1 section 6500 in 2016, following a

determination that he was incompetent to stand trial. His commitment was renewed

annually after that. In January 2022, a trial court granted a section 6500 petition to

extend his commitment for another year. On appeal, defendant argues the commitment

order must be reversed since the proceedings were conducted in his absence, without any

on-the-record waiver of his presence. Respondent contends defendant waived his

appearance. We agree with respondent and affirm.

PROCEDURAL BACKGROUND

On July 15, 2021, the Inland Regional Center asked the San Bernardino County

District Attorney (the district attorney) to file a petition for commitment pursuant to

section 6500 on behalf of defendant. His current petition was set to expire on August 24,

2021.

On July 29, 2021, the district attorney filed a petition for commitment of

defendant pursuant to section 6500.

On October 4, 2021, the court held a hearing on the matter. Defendant was

present in court, out of custody. The minute order states: “Respondent…