Opinion
NOT TO BE PUBLISHED
Solano County Super. Ct. No. FCR262418
Reardon, J.
Pursuant to a negotiated disposition, appellant Keenan Winthrop Reed entered pleas of no contest and not guilty by reason of insanity (Pen. Code, § 1016, subd. (6)) to one count of assault with intent to commit rape (§ 220) and one count of second degree commercial burglary (§ 459). The parties submitted the question of appellant’s sanity at the time of the offenses on the doctors’ reports, and the court found appellant insane at the time of the offenses. The county Department of Mental Health recommended placement at Napa State Hospital, and appellant was so committed for a maximum term of six years eight months, or until sanity is restored.
Section references are to the Penal Code.
On the morning of January 11, 2009, appellant entered a 7-Eleven store and immediately attacked a woman clerk, B.K., working in the store. He pulled her by her neck, necklace, and shirt. He tripped her and while she was on the ground, he got on top of her and punched her repeatedly in the face, breast, and stomach. Appellant told B.K. to take off her jewelry and her clothes. B.K. stood up and surrendered some items of jewelry. Appellant told her again to take off her clothes and kicked her several times. Appellant then commenced taking off his shirt, at which point B.K. ran out of the store. Appellant was detained by Officer Adam Gonzalez in the store parking lot. A store surveillance camera recorded the assault by appellant on the victim.
Counsel for appellant has filed an opening brief arguing no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.
Counsel has informed appellant of the opportunity to file a supplemental brief and appellant has not filed one.
Appellant was represented throughout the proceedings by counsel. His pleas were validly entered. The doctors’ reports support the conclusion that appellant was insane at the time he committed the charged offenses. Given the evidence adduced at the preliminary hearing, it cannot be said that the denial of initial outpatient placement was prejudicial error because appellant did commit an act which posed a serious threat of bodily harm to another person. (§ 1601, subd. (a).)
Judgment affirmed.
We concur: Ruvolo, P.J., Rivera, J.