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People v. Gifford

California Court of Appeals, Second District, Sixth Division
Feb 15, 2011
2d Crim. B227401 (Cal. Ct. App. Feb. 15, 2011)

Opinion

NOT TO BE PUBLISHED

Edward H. Bullard, Judge Superior Court County No. 1348419 of Santa Barbara

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


GILBERT, P.J.

Ronald Gifford appeals an order of the trial court determining that he is mentally incompetent to stand trial. (Pen. Code, § 1367 et seq. ; People v. Fields (1965) 62 Cal.2d 538, 540.)

All further statutory references are to the Penal Code unless stated otherwise.

On June 15, 2010, the prosecutor charged Gifford by felony complaint with attempted robbery (count 1), petty theft with a prior theft conviction (count 2), and being under the influence of narcotics (count 3). (§§ 211, 664, 484, subd. (a), 666; Health & Saf. Code, § 11550, subd. (a).) At the preliminary examination, the trial court declared a doubt regarding Gifford's competence. The court ordered psychological evaluations performed and it suspended criminal proceedings against Gifford. (§ 1370, subd. (a)(1)(B).) On July 29, 2010, based upon the opinions of the appointed psychologists, the court concluded that Gifford was mentally incompetent within the meaning of section 1367, subdivision (a). It ordered that criminal proceedings remain suspended and that Gifford be committed for mental health treatment.

We appointed counsel to represent Gifford in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.

On December 13, 2010, we advised Gifford that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response from him.

We have reviewed the entire record and are satisfied that Gifford's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: COFFEE, J., PERREN, J.


Summaries of

People v. Gifford

California Court of Appeals, Second District, Sixth Division
Feb 15, 2011
2d Crim. B227401 (Cal. Ct. App. Feb. 15, 2011)
Case details for

People v. Gifford

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RONALD GIFFORD, Defendant and…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Feb 15, 2011

Citations

2d Crim. B227401 (Cal. Ct. App. Feb. 15, 2011)