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People v. Rosa

California Court of Appeals, Third District, Butte

September 8, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
RUDY FRANCISCO DE LA ROSA, Defendant and Appellant.

[DEPUBLISHED BY ORDER]

[REVIEW GRANTED BY CAL. SUPREME COURT]

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

Super. Ct. No. CM035627

Page 1234

COUNSEL

Paul Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Sally Espinoza, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, J.

Defendant Rudy Francisco De La Rosa appeals from an order committing him to the trial competency program at Napa State Hospital

Page 1235

pursuant to Penal Code[1] section 1370.[2] He contends insufficient evidence supports the finding that he was not competent to stand trial. He also contends that after the court decided his placement at Napa State Hospital, the trial court erred in denying him an opportunity to be heard.

While defendant’s appeal was pending in this court, defense appellate counsel advised this court that on April 2, 2013, the trial court terminated defendant’s commitment, finding that defendant had been restored to competency, and reinstated criminal proceedings. Defendant then entered a plea and the court granted probation.

Relying solely upon People v. Lindsey (1971) 20 Cal.App.3d 742 [97 Cal.Rptr. 872], the People argue the issues have been rendered moot due to defendant’s restoration to competency and the resumption of criminal proceedings during which defendant entered a plea and was granted probation. Defendant disagrees the issues are moot, arguing that the ...


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