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P. v. Hernandez

P. v. Hernandez
02:27:2006

P. v. Hernandez




Filed 2/24/06 P. v. Hernandez CA1/3



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.







IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA






FIRST APPELLATE DISTRICT







DIVISION THREE












THE PEOPLE,


Plaintiff and Respondent,


v.


JOSE PENA-HERNANDEZ,


Defendant and Appellant.



A109426


(Marin County


Super. Ct. No. SC 139367)



Jose Pena-Hernandez appeals from the trial court's orders authorizing involuntary psychotropic medication and denying his request for a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 after he was found incompetent to stand trial. The orders were entered in March 2005.


In January 2006, after the appeal was fully briefed, appellate counsel wrote to the court, reporting he had learned that appellant had been declared competent and entered guilty pleas to all or some of the charged offenses. Appellant had been sentenced, and was currently in the custody of the Immigration and Naturalization Service. The issues raised by the appeal are therefore moot, and we lack jurisdiction to consider them further. (Finnie v. Town of Tiburon (1988) 199 Cal.App.3d 1, 10.)


DISPOSITION


The appeal is dismissed as moot.


_________________________


Siggins, J.


We concur:


_________________________


McGuiness, P.J.


_________________________


Parrilli, J.


Publication courtesy of Vista Wrongful Termination Lawyer Attorney (http://www.mcmillanlaw.us/) And Vista Lawyers Directory


( http://www.fearnotlaw.com/ )





Description A decision regarding authorizing involuntary psychotropic medication.
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