In what circumstances will the Attorney General dismiss appellant's appeal against the Court of Appeal finding that his claim has not evaded review and indeed was specifically rejected in Goodrich?

In short, because we agree with the Attorney General that appellant's claim has not evaded review and indeed was specifically rejected in Goodrichwith which we agreewe conclude the appeal must be dismissed as moot. (See People v. Cheek, supra, 25 Cal.4th at pp. 897-898; People v. Dunley, supra, 247 Cal.App.4th at pp. 1442-1443.)

The appeal is dismissed as moot.

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/s/_________
Kline, P.J.

We concur:

/s/_________
Richman, J.

/s/_________
Miller, J.

Footnotes:

^1. All statutory references are to the Penal Code unless otherwise indicated.