Opinion
A101461.
7-28-2003
THE PEOPLE, Plaintiff and Respondent, v. JOSHUA CHRISTOPHER MAHAN, Defendant and Appellant.
Joshua Mahan appeals from his commitment to Atascadero State Hospital following the courts finding that he was incompetent to stand trial. Defendants court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071.
A complaint filed in the consolidated court for Marin County charged defendant with second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and receiving stolen property (§ 496, subd. (a)).
Before the matter proceeded to a preliminary hearing, the court suspended criminal proceedings and appointed a psychiatrist to evaluate defendants competency to stand trial pursuant to section 1368.
Upon review of the psychiatric report, the court found defendant not competent and suspended further proceedings. The court committed defendant to Atascadero State Hospital for a maximum period of three years.
Defendant herein appeals from the courts ruling that he is incompetent and his commitment to the state hospital.
On May 13, 2003, however, the trial court ruled that defendant had been restored to competency and reinstated criminal proceedings.
Because the trial court already has granted defendant the relief he seeks herein on appeal, the only potential issue raised by this appeal is moot. Accordingly, the appeal is dismissed.
We concur: Jones, P. J., Gemello, J. --------------- Notes: All further statutory references are to the Penal Code.