Opinion
C085786
06-03-2019
THE PEOPLE, Plaintiff and Respondent, v. CAREY LEWAN GRAM, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 94F10155 )
Defendant Carey Lewan Gram appeals from the trial court's order recommitting him to the Department of State Hospitals for one year as a mentally disordered offender, or "MDO." We will dismiss the appeal.
BACKGROUND
On August 11, 2017, the district attorney petitioned to continue defendant's commitment as a mentally disordered offender pursuant to Penal Code section 2972. Defendant had previously been convicted of assault by force likely to inflict great bodily injury. (§ 245, subd. (a)(1).)
Undesignated statutory references are to the Penal Code in effect at the time of the charged offenses.
A trial was held, and a jury found defendant suffered from a severe mental disorder, causing him to represent a substantial danger of physical harm to others.
The superior court ordered defendant recommitted to the Department of State Hospitals for one year.
DISCUSSION
Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), stating that he has reviewed the record on appeal and has been unable to identify any specific issues arguable on appeal. Counsel states that he has informed defendant of the nature of the Wende brief and that he may file a supplemental brief if he so chooses. To date, we have received no communication from defendant. Counsel—while acknowledging the holding of People v. Taylor (2008) 160 Cal.App.4th 304 (Taylor)—asks that we review the record, pursuant to Wende, to determine whether there are any arguable issues on appeal. We will dismiss the appeal.
Taylor held Wende review does not apply to MDO recommitments. (Taylor, supra, 160 Cal.App.4th at p. 312.) It observed that such review is required only for appointed appellate counsel's representation of an indigent criminal defendant in his first appeal as of right, and pursuant to section 2972 subdivision (a), MDOA proceedings are civil in nature. (Taylor, at p. 312.) Further the decisions of the Conservatorship of Ben C. (2007) 40 Cal.4th 529, and In re Sade C. (1996) 13 Cal.4th 952, compel the conclusion that Wende review procedures do not apply to postconviction commitment proceedings under the MDOA. (Taylor, at p. 312.)
Mentally Disordered Offender Act. --------
Accordingly, dismissal is appropriate pursuant to Taylor.
DISPOSITION
The appeal is dismissed.
/s/_________
MURRAY, J. We concur: /s/_________
BUTZ, Acting P. J. /s/_________
DUARTE, J.