People v. Walker CA1/3

DISCUSSION

A prisoner may be committed as an OMHD for involuntary treatment of a “severe mental health disorder” as a condition of parole if certain conditions are met. (§§ 2962, subds. (a)–(f), 2966; see People v. Allen (2007) 42 Cal.4th 91, 99, fn. omitted.) The commitment term is one year; before the expiration of each commitment period, the prosecution may petition to extend the commitment for an additional year. (Allen, at p. 99; §§ 2970, 2972, subds. (a), (b), (c).) Walker challenges the now-expired order of commitment by raising multiple claims of instructional error and a claim that the prosecution failed to prove he is an OMHD. While conceding this appeal is moot, Walker urges us to exercise our discretion to find an exception to the mootness doctrine because his case raises issues of public importance that are capable of repetition yet evade review. (Thompson v. Department of Corrections (2001) 25 Cal.4th 117, 122.) Finding no such issues in this case, we decline to do so. We are guided by our duty to decide actual controversies and not to opine upon moot questions or abstract propositions, or to declare principles or rules of law that cannot affect the matter at issue…