Opinion
A114552
12-11-2006
THE PEOPLE, Plaintiff and Respondent, v. JEFFREY DEAN GIVAN, Defendant and Appellant.
The petition for rehearing is granted and the opinion filed November 27, 2006 is vacated and replaced by this opinion. Defendant Jeffrey Dean Givan was committed to Napa State Hospital for psychiatric treatment for a term not to exceed four years after he pleaded no contest to a violation of Penal Code section 245, subdivision (a)(1), assault with a deadly weapon, and after the court found him legally insane. He filed a timely appeal. His counsel has filed an opening brief that raises no issues and asks this court for an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. In a letter with attachments received by this court on October 26, 2006, defendant independently requested that we review his case. We have reviewed the record on appeal, including the matters in defendants letter and attachments, and find there are no meritorious issues to be briefed or argued.
Factual Background
While a patient at Napa State Hospital, defendant lacerated the neck of another patient with a sharpened antenna and said, "Im going to kill you." The staff forcibly restrained the defendant. The district attorney charged the defendant with three felonies: attempted murder, assault with a deadly weapon, and making a criminal threat. The information also charged two prior strikes and alleged that the attempted murder was willful and premeditated. Defendant pleaded not guilty by reason of insanity (NGI). The court informed defendant of the possible consequences of an NGI plea. The court appointed two forensic psychologists to examine defendant and prepare reports about his sanity.
Both psychologists were of the opinion that defendant was legally insane at the time of the offenses. Through a negotiated disposition, defendant pleaded no contest to violation of Penal Code section 245, subdivision (a)(1), and the remaining charges and allegations were dismissed. With the assistance of counsel, he waived in writing his right to a jury trial and his other constitutional rights and agreed the court could determine the matter. The court found defendant not guilty by reason of insanity.
Personnel at the Napa Conditional Release Program evaluated the defendant and recommended continued commitment and treatment at Napa State Hospital. The court properly ordered the defendant committed to Napa State Hospital until his sanity is restored or he could be successfully treated at a less restrictive facility, for a term not to exceed four years.
Discussion
Competent counsel represented defendant at all stages of the proceedings. Defendant was advised of his rights and validly waived them. Substantial evidence supports the courts decision. The courts order of commitment was correct.
We have reviewed defendants "Murgia" motion (Murgia v. Municipal Court (1975) 15 Cal.3d 286), his assertions regarding the effect of the change in his medications, and his statements regarding his discussions with his attorney regarding disposition of the case. We do not find any basis in the record to disturb the courts order of commitment.
Disposition
The judgment is affirmed.
We concur:
Swager, J.
Margulies, J.