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People v. Pitt

California Court of Appeals, Third District, Sacramento
May 11, 2011
No. C066388 (Cal. Ct. App. May. 11, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MICHAEL GEOFFREY PITT, Defendant and Appellant. C066388 California Court of Appeal, Third District, Sacramento May 11, 2011

NOT TO BE PUBLISHED

Super. Ct. No. 94F10092.

BLEASE, Acting P. J.

Appellant Michael Geoffrey Pitt was committed to the state mental hospital in 1996 for a maximum term of 15 years to life, after being found not guilty by reason of insanity to criminal charges of murder. On March 13, 2007, appellant filed a petition pursuant to Penal Code section 1026.2 seeking restoration of sanity. After a hearing, the trial court denied his petition. Appellant appeals the denial of his petition.

We appointed counsel to represent appellant on appeal. Counsel filed an opening brief setting forth the facts of the case, raising no issues, and requesting this court review the record and determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Appellant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from appellant. Accordingly, we shall dismiss the appeal.

As explained in People v. Dobson (2008) 161 Cal.App.4th 1422, Wende review is not required in an appeal from the denial of a petition for restoration of sanity. Appointed appellate counsel having found no arguable issues and appellant having not filed a supplemental brief, dismissal is appropriate.

The appeal is dismissed.

We concur: HULL, J., MURRAY, J.


Summaries of

People v. Pitt

California Court of Appeals, Third District, Sacramento
May 11, 2011
No. C066388 (Cal. Ct. App. May. 11, 2011)
Case details for

People v. Pitt

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL GEOFFREY PITT, Defendant…

Court:California Court of Appeals, Third District, Sacramento

Date published: May 11, 2011

Citations

No. C066388 (Cal. Ct. App. May. 11, 2011)