Modification: In re Taitano

In re JORDAN E. TAITANO

on Habeas Corpus.

No. A147412

California Courts of Appeal

First Appellate District

Division Five

(Contra Costa County

Super. Ct. No. 5-132337-7)

Filed July 26, 2017

ORDER MODIFYING OPINION

AND DENYING PETITION

FOR REHEARING

[CHANGE IN JUDGMENT]

BY THE COURT:

It is ordered that the opinion filed herein on July 5, 2017, be modified as follows:

On page 1, the second paragraph is replaced with the following: “In light of the plain language of the statute, the statutory scheme, the statutory purpose, and existing precedent, we conclude that section 1368 does not authorize a new competency hearing in Taitano’s circumstances.”

On page 21, the first full paragraph is replaced with the following: “In sum, appellant has not demonstrated that the trial court had express or implied authority to hold a new competency hearing under the particular circumstances of this case.”

On page 22, the following footnote is added at the end of the last paragraph:

“¹⁰ After we issued our decision on July 5, 2017, we were advised that Taitano died in April 2017. Although defendant’s death will abate this appeal and would ordinarily render the matter moot, we have addressed the issues due to their importance and their likely recurring nature.”

On page 23, the paragraph under the heading “III. DISPOSITION” is replaced with the following:

“The court having received a certified copy of the death certificate of defendant Taitano during the pendency of this appeal, all proceedings in this case must be permanently abated. The cause is remanded to the trial court, with directions to enter an order permanently abating all proceedings with respect to Taitano.”

The modification effects a change to the judgment.

The petition for rehearing is denied.

The motion to file the death certificate under seal is granted.

Date:

JONES, P.J.