Opinion
H036345
10-12-2011
THE PEOPLE, Plaintiff and Respondent, v. JAMES DARRELL ADAMS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Santa Clara County Super. Ct. No. C1067593)
Defendant James Darrell Adams appeals from an order suspending criminal proceedings and committing him to the State Department of Mental Health for placement in a locked facility. (Pen. Code, § 1369, subd. (a).) In an information filed on April 29, 2010, the Santa Clara County District Attorney charged defendant with one count of vehicle theft with a prior conviction. (Veh. Code, §10851, subd. (a); Pen. Code, § 666.5.) The information further alleged that appellant had previously been convicted of violating Vehicle Code section 10851 and had suffered five prison priors. (Pen. Code, §§ 666.5, 667.5, subd. (b).)
The matter was set to proceed to trial on June 14, 2010. On June 9, 2010, the trial court expressed doubt regarding defendant's competence to stand trial, suspended proceedings and appointed Dr. Ashley Cohen, Ph.D. to examine appellant. In a report dated July 6, 2010, Dr. Cohen concluded that defendant was competent to stand trial. On July 7, 2010, the court appointed Dr. Steven Barron, Ph.D. to evaluate defendant's competency. In a report dated July 26, 2010, Dr. Barron concluded that appellant was not able to "meaningfully consider and weigh the issues involved in his case and consult with his attorney in a rational manner." Dr. Barron did not state definitively that he found appellant to be incompetent to stand trial, but suggested evaluation by a psychiatrist "to determine if medications may be beneficial in restoring him to competency." Thereafter, the trial court appointed a third doctor, Dr. David Berke, Ph.D. to evaluate the defendant. Dr. Berke opined that defendant "appears to suffer from a major mental illness . . . [he] demonstrated an understanding of the charges against him. However, he did not demonstrate an ability to assist his attorney in his own defense." Based on these reports, and the district attorney's stipulation that defendant was not competent, the trial court found that defendant was not competent to stand trial. The court referred the matter for a placement report and thereafter committed the defendant to the California Department of Mental Health for the maximum term of three years in the Trial Competency Program. The court awarded zero credits while in the state hospital. This timely appeal ensued.
On appeal, appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. Thirty days has elapsed and we have received nothing from the defendant. Pursuant to our obligation as set forth in People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record on appeal. We conclude that there are no arguable issues. Therefore, we will affirm the judgment.
DISPOSITION
The judgment is affirmed.
RUSHING, P.J. WE CONCUR:
DUFFY, J.
Judge of the Santa Clara County Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.