Opinion
A167377
09-21-2023
THE PEOPLE, Plaintiff and Respondent, v. TARIQ ATIF COFFEY, Defendant and Appellant.
NOT TO BE PUBLISHED
Alameda County No. Super. Ct. 22CR007162
BROWN, P. J.
The People charged defendant Tariq Atif Coffey with one count of kidnapping (Pen. Code, § 207). After reviewing reports from two appointed mental health professionals, the trial court found defendant incompetent to stand trial (IST) and ordered defendant committed to the Napa State Hospital for a maximum period of confinement of two years.
Undesignated statutory references are to the Penal Code.
Defendant's counsel filed a brief raising no arguable issues but asking this court to conduct an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel acknowledges, however, that Wende procedures are inapplicable to appeals from orders finding defendants incompetent pursuant to sections 1368 and 1370. (People v. Blanchard (2019) 43 Cal.App.5th 1020, 1025-1026 (Blanchard).) Counsel informed defendant of his right to file a supplemental brief, but defendant has not done so. Consistent with Blanchard and Conservatorship of Ben C. (2007) 40 Cal.4th 529, we shall dismiss the appeal.
BACKGROUND
On June 15, 2022, defendant was charged with one count of kidnapping. On June 30, 2022, the court declared a doubt as to defendant's competency pursuant to section 1368, suspended all criminal proceedings, and appointed Dr. Terrance Riley to evaluate defendant pursuant to section 1369, subdivision (a).
Dr. Riley filed his report on August 1, 2022, noting that during his examination of defendant, defendant's frequent ranting about perceived injustices "include[ed] many examples of apparent delusions." Dr. Riley noted that defendant was so agitated that it was difficult to get him to respond to questions for more than a minute or two, and that defendant's delusions "distort his basic understanding of his case and are likely to affect his behavior towards it." Dr. Riley further noted that defendant's "highly agitated state will make it impossible for his attorney to work with him effectively and will probably compromise his ability to maintain his composure in the courtroom."
On August 12, 2022, the court appointed Dr. Amy Watt to conduct a second competency evaluation. Based on her examination, Dr. Watt concluded that defendant was not competent to stand trial. Like Dr. Riley, she noted that defendant was loud and agitated, frequently rambling, unable to answer many questions coherently, and fixated on paranoid ideations, all of which rendered him unable to consult with his lawyer with a reasonable degree of rational understanding.
At a subsequent hearing, counsel stipulated to the admission of the reports from Drs. Watt and Riley, and submitted the issue of defendant's competency to the court. Based on those reports, the court found defendant incompetent to stand trial under section 1368 and ordered a report and recommendation as to placement pursuant to section 1370. Pursuant to the placement recommendation report submitted on February 2, 2023, the court ordered defendant committed to the Department of State Hospitals (DSH), pursuant to section 1370 for a maximum period of two years.
Counsel filed an opening brief setting forth the relevant law and facts but raising no specific issues. Counsel acknowledges the holding of Blanchard, supra, 43 Cal.App.5th at pp. 1025-1026, that independent Wende review is not required for challenges to orders suspending criminal proceedings and finding defendants incompetent to stand trial. Blanchard reaches the same conclusion as other courts that have held that Wende review is not required in appeals that are not from a defendant's first appeal of a criminal conviction. (In re Sade C. (1996) 13 Cal.4th 952, 959 [no right to Wende review in appeals from orders in juvenile dependency proceedings affecting parental rights]; People v. Martinez (2016) 246 Cal.App.4th 1226, 1230, 1236-1240 [no right to independent review in an appeal from an extension of the civil commitment of a person found not guilty by reason of insanity]; People v. Taylor (2008) 160 Cal.App.4th 304, 308 [order declaring a convicted person a mentally disordered offender not subject to Wende review].) Counsel has notified defendant of his ability to file a supplemental brief, and defendant has not done so. Following Blanchard, we shall dismiss the appeal.
DISPOSITION
The appeal is dismissed.
WE CONCUR: STREETER, J. GOLDMAN, J.