P. v. Price CA5
While facing felony assault and battery charges, Curtis Price (appellant) was found incompetent to stand trial, unlikely to regain competency in the foreseeable future, and ineligible for a conservatorship. Based on these findings, the trial court ordered appellant released from confinement but denied his motion to dismiss the underlying charges.
On appeal, appellant contends the trial court should have granted his motion to dismiss because he was found unlikely to regain competency and ineligible for a conservatorship. Respondent concedes the motion to dismiss should have been granted but contends the appeal should be dismissed as taken from a nonappealable order. We agree the order denying the motion to dismiss is not appealable, but in light of respondent’s concession, we elect to treat the appeal as a petition for extraordinary relief, and issue a writ of mandate directing the trial court to grant the motion to dismiss.
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