Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. RIC382033 Richard Todd Fields, Judge.
Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKinster J.
I
FACTUAL AND PROCEDURAL HISTORY
In 1990, defendant and appellant Manuel Burruel III (defendant) was convicted in Sacramento Superior Court of one count of lewd acts with a child under Penal Code section 288, subdivision (a). In 1992, defendant was convicted of two more counts of lewd acts with a child in Riverside County under Penal Code section 288, subdivision (a); he was sentenced to 10 years in prison. Defendant was released on parole in June of 1997. While defendant was in custody on a parole violation, he “was seen for SVP [sexually violent predator] Evaluations.” At this evaluation, defendant was found not to meet the SVP criteria. On June 5, 2001, defendant was discharged from parole.
On January 27, 2002, defendant was arrested for receiving stolen property under Penal Code section 496d. On September 20, 2002, while defendant was in custody in the Penal Code section 496d case, the Riverside County District Attorney filed its first SVP petition under Welfare and Institutions Code section 6000 et seq. against defendant. After a 12-day jury trial, on February 20, 2004, defendant was found to be a sexually violent predator and was committed for two years. We affirmed the finding and a remittitur was issued on September 29, 2005. No recommitment petition was filed while the appeal was pending.
On January 13, 2006, the Riverside County District Attorney filed a recommitment petition. At a hearing on January 27, 2006, defendant was represented by a public defender, Reginald Taylor. Defendant asked to return to Coalinga State Hospital until the case was ready for trial. The case was continued to February 3, 2006. On that date, the case was set for a probable cause hearing on March 17, 2006. On March 17, Dr. Miller was appointed to evaluate defendant.
On March 30, 2006, a different doctor, Dr. Kinsman, was appointed to examine defendant. The report was to be filed on April 21, 2006. However, on April 21, a new defense doctor, Dr. Fischer, was appointed. A new due date for the evaluation was set for May 26, 2006. On May 26, the case was continued to June 23, 2006, and the trial court signed an order allowing Dr. Fischer to have a contact visit at Atascadero State Hospital with defendant. However, defendant was housed at Coalinga State Hospital.
Thereafter, between June 23, 2006 and June 8, 2007, the case was continued at numerous different hearings wherein defendant was represented by two different public defenders, Sylvia Graber-Pastrone and Sanra Roth.
On June 8, 2007, a fourth public defender, Lance Baer, was appointed to represent defendant. The case was continued numerous times again. Eventually the jury trial was moved to March 18, 2008.
During this time, the district attorney filed another recommitment petition, on February 15, 2008, even though the previous petition had not been adjudicated yet.
On February 19, 2008, another public defender appeared for defendant, denied the allegations in the petition, and asked for a doctor to be appointed. The court appointed Dr. Joy Smith Clark, and the probable cause hearing on the new petition was set for March 26, one week after defendant was supposed to go to trial on the first petition.
On March 26, 2008, a new public defender, Sholeh Iravantchi, appeared for defendant and the case was continued to June 10, 2008. No probable cause hearing was held. On May 6 and June 3, 2008, Ms. Iravantchi filed requests for discovery of documents relevant to present defendant’s defense. On June 10, the matter was continued to July 29. The defense reported it had not received the requested discovery. Defendant was represented by S. Prarashic at this hearing.
On July 8, 2008, Ms. Iravantchi appeared ex parte to request appointment of Dr. Stuart Courtney, which was granted. On July 15, Ms. Iravantchi filed a request with the court to issue an order to show cause (OSC) for sanctions against California Department of Corrections and Rehabilitation and Coalinga State Hospital for failing to honor a subpoena duces tecum for defendant’s records. On July 18, the OSC hearing was set for August 19.
On August 19, the OSC hearing was continued to September 30. On September 30, the OSC was taken off calendar.
On December 4, the probable cause hearing for the second petition was set for February 2, 2009; nearly a year after the prior petition was filed.
On January 5, 2009, defendant filed a motion to dismiss based on undue pretrial delay. On February 5, the trial court denied the motion. The court referred to the court’s records regarding the continuances that had occurred in the case, the apparent reasons for the continuances, and the apparent lack of objection by defendant to any of the continuances.
On February 10, 2009, defendant filed his notice of appeal.
II
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
III
DISPOSITION
The judgment is affirmed.
We concur: Ramirez P.J., Hollenhorst J.