People v. Palmer

Full title: THE PEOPLE, Plaintiff and Respondent, v. ONITA CHRISTINA PALMER, Defendant…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: May 23, 2012

H037536 (Cal. Ct. App. May. 23, 2012)

Opinion

H037536

05-23-2012

THE PEOPLE, Plaintiff and Respondent, v. ONITA CHRISTINA PALMER, Defendant and Appellant.

RUSHING

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Santa Clara County Super. Ct. No. CC932748)

Onita Christina Palmer appeals from an order revoking her outpatient status as a not guilty by reason of insanity offender. (Pen. Code, § 1608.) Appellant was admitted to the California Department of Mental Health on March 10, 2010, after she stabbed and killed her dog and was found not guilty by reason of insanity of cruelty to animals. (Pen. Code, § 597, subd. (b).) Appellant was granted outpatient status on December 17, 2010, and was released from Napa State Hospital to the South Bay Conditional Release Program (Program).

In a letter dated August 30, 2011, the Program requested that appellant's outpatient status be revoked because appellant could no longer be treated safely in the community and required a more supervised setting. The court held a hearing on October 7, 2011, and revoked appellant's outpatient status. This timely notice of appeal ensued.

On appeal, we appointed counsel to represent appellant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. (In re Conservatorship of Ben C. (2007) 40 Cal.4th 529, 543-544 (Ben C.); People v. Taylor (2008) 160 Cal.App.4th 304.) In the opening brief, counsel requests that we allow appellant the opportunity to submit a brief in propria persona on her own behalf pursuant to Ben C. On January 5, 2012, we notified appellant of her right to submit written argument in her own behalf within 30 days. Thirty days have elapsed and we have received nothing from appellant.

The appellant having failed to raise any issue on appeal, we have no alternative but to dismiss the appeal as abandoned. (Ben C., supra, 40 Cal.4th 529.)

DISPOSITION

The appeal is dismissed as abandoned.

____________

RUSHING, P.J.
WE CONCUR:

________

PREMO, J.

_____

ELIA, J.