Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Superior Court County of San Luis Obispo, Super. Ct. No. F414599, Jac Crawford, Judge.
Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, Herbert S. Tetef, Deputy Attorney General, for Plaintiff and Respondent.
YEGAN, J.
Jeffrey David Ingles appeals from the judgment (order of commitment) entered after the trial court found that he was a mentally disordered offender. (MDO; Pen. Code, § 2962 et seq.) The trial court committed appellant to the California Department of Mental Health for treatment as a condition of his parole. (§ 2966, subd. (b).)
All statutory references are to the Penal Code.
We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised.
On September 29, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. On October 14, 2008, we received a supplemental letter brief from appellant stating, among other things, that he was denied due process, that the judgment is not supported by substantial evidence, that the People's expert, Doctor Brandi Mathews, performed a forensic evaluation of appellant without interviewing appellant, and that appellant has been medication compliant.
Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 123-124, we briefly discuss appellant's written contentions, none of which are supported by the record. (Compare People v. Taylor (2008) 160 Cal.App.4th 304, 313 [MDO appeal dismissed where appellant and appointed counsel raised no issues on appeal].)
Respondent's Motion to Dismiss Appeal is denied.
After appellant waived jury trial, the trial court received testimony from Doctor Mathews, a staff psychologist at Atascadero State Hospital. Doctor Mathews opined that appellant met all the MDO criteria and stated that appellant declined to be interviewed. The doctor testified that appellant suffers from a severe mental disorder, schizophrenia paranoid type, manifested by paranoid delusions in which appellant believes the FBI and Catholic Church are conspiring against him, and that the KGB are after him. Appellant had an extensive psychiatric history dating back to 1999.
Doctor Mathews opined that appellant's mental disorder was a cause or aggravating factor of the commitment offense in which appellant stabbed his father and killed him. The doctor further opinioned that appellant was not in remission, that appellant was not medication compliant, that appellant had an extensive history of not taking his medications, and that appellant represented a substantial danger of physical harm to others by reason of the severe mental disorder.
Appellant testified and submitted a written statement claiming, among other things, that he stabbed his father out of necessity and that he does not represent a substantial danger of physical harm to others.
Having reviewed the entire record and appellant's written contentions, we are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441; People v. Kelly, supra, 40 Cal.4th at p. 126.)
The judgment (order of commitment) is affirmed.
We concur: GILBERT, P.J., PERREN, J.