People v. Mount
Annotate this CaseMount was convicted in 1998 of felony possession of a controlled substance (Health & Saf. Code 11377(a)) after entering a plea and after also admitting to having served two prior prison terms (667.5(b)). The judgment was affirmed. Fourteen years later, in 2012, Mount died. Eight years later, a Napa County public defender filed an application in the trial court seeking to have Mount’s felony conviction designated a misdemeanor under section 1170.18(f). The court dismissed the application after a contested hearing, stating no argument had been presented that there was any substantial right at issue “that would have any effect to the living or dead.” The court of appeal dismissed an appeal. There is no relief that can be granted to Mount; an application under section 1170.18(f) on behalf of a deceased defendant is moot where, as here, there is no showing that granting the petition would provide any effective relief.
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