P. v. Martin
Filed 6/6/06 P. v. Martin CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE, Plaintiff and Respondent, v. DENISE MARIE MARTIN, Defendant and Appellant. | D047034 (Super. Ct. No. SCE221317) |
APPEAL from an order of the Superior Court of San Diego County, Frederick Maguire, Judge. Dismissed.
Denise Marie Martin, who was committed to Patton State Hospital (Patton) after a finding of not guilty by reason of insanity, appealed from the July 22, 2005 order denying her outpatient status following a hearing under Penal Code section 1604. Before oral argument on the matter, Martin's appellate counsel advised this court that subsequent action in the trial court had rendered the appeal moot.
After a hearing on May 25, 2006, the trial court approved and ordered Martin released for outpatient treatment in the San Diego County Forensic Conditional Release Program (CONREP) program as recommended after a later progress report. (Pen. Code, §§ 1026, subd. (f), 1603, subd. (a)(1), 1604.) In light of this recent order, the parties have no objection to the appeal being dismissed as moot. Because the relief requested on the appeal has already been granted, it would serve no purpose to address the issue of whether the court abused its discretion in denying the first recommendation for such relief. We therefore dismiss the appeal as moot.
DISPOSITION
The appeal is dismissed.
HUFFMAN, Acting P. J.
WE CONCUR:
NARES, J.
AARON, J.
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