Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 97F5250.
BLEASE, Acting P. J.
Defendant Troy Allen Booth appeals from an order of the Shasta County Superior Court ordering his term as a mentally disordered offender (MDO) extended an additional year following a jury’s finding that he had a mental disorder which was not in remission and which rendered him a substantial danger to others.
FACTS
Dr. Brandon Andrew Yakush, a psychologist at Atascadero State Hospital, testified he evaluated defendant by reviewing his medical records and conducting two personal interviews with him. Defendant has an extensive history of mental illness going back to 1984. Dr. Yakush concluded that defendant suffered from schizophrenia paranoid type, a severe mental disorder which causes the patient to break with reality and become delusional and hallucinatory, including hearing and responding to voices that only he heard. There is no cure for this disorder.
Dr. Yakush was unable to speak with defendant regarding his hallucinations because defendant did not believe that he suffered from them, although staff reported defendant “shouting in response to the voices” and saying that “the voices made him so mad.” These hallucinations continued in March and May of 2007. Medication helped to control the voices but did not take them away. Dr. Yakush was not confident that defendant would continue to take his medications because he did not believe he needed them. His condition cannot be kept in remission without his taking his medication.
In December 2006, defendant was observed “clearly having auditory hallucinations and responding angrily to them.” When asked to comply with the unit rules, he refused and became angry, “cussing” at staff and telling one nurse, “I want DPS (Department of Police Services) up here. You better call DPS or something is going to happen.”
Defendant’s past history included his threatening to hit a clerk with a large stick when the clerk caught him stealing a magazine; knocking a man unconscious with a rock when the man attempted to stop defendant from striking the man’s female companion; kidnapping a young woman and holding a knife to her throat, conduct for which he was sent to state prison; and a disorderly conduct conviction based upon defendant’s breaking into his sister’s home. Defendant also had a history of substance abuse, including use of marijuana, glue and paint sniffing, and ingestion of PCP, cocaine, acid, methamphetamine, and heroin.
Based upon defendant’s past and present history of violence and substance abuse, coupled with the likelihood that he would not take his medications, defendant remained a substantial danger to others if released into the community at the present time.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The order extending defendant’s commitment to the Department of Mental Health for a term not to exceed one year is affirmed.
We concur: SIMS, J., MORRISON, J.