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People v. Turner

California Court of Appeals, First District, Fifth Division
Jan 22, 2009
No. A120988 (Cal. Ct. App. Jan. 22, 2009)

Opinion


THE PEOPLE v. THOMAS TURNER, A120988 California Court of Appeal, First District, Fifth Division January 22, 2009

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

Solano County Super. Ct. No. FC23583

Jones, P.J.

Thomas Turner appeals an order extending his commitment as a mentally disordered offender (MDO). His counsel on appeal has filed an opening brief that asks this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Because Wende review is not available under these circumstances, we will dismiss the appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

We need not set forth the background of this case at length given the issue that has been raised. It should suffice to say that in August 1987, appellant broke into a home in Vacaville and kidnapped a three-month-old baby girl. Appellant brutally assaulted the infant sexually and abandoned her in a field. Appellant demonstrated no remorse for his acts.

Appellant pleaded no contest to counts alleging burglary (Pen. Code, §§ 459, 460 ), and forcible lewd and lascivious conduct. (§ 288, subd. (b).) He was sentenced to a 26-year prison term.

Unless otherwise indicated, all further section references will be to the Penal Code.

Subsequently appellant was involuntarily committed under the Mentally Disordered Offender Act (MDOA) (§ 2962 et seq.). As is relevant here, in November 2007, a new petition was filed to extend appellant’s commitment for an additional year. The case was tried to jurors who sustained the petition. This appeal followed.

Counsel filed her Wende brief on November 7, 2008. Attached to that brief is a declaration in which counsel states she told appellant he could file a supplemental brief on his own behalf within 30 days.

II. DISCUSSION

Appellant’s counsel on appeal has filed an opening brief that asks this court to conduct an independent review of the record under People v. Wende, supra, 25 Cal.3d 436. We need not conduct such a review because the Wende procedure is not available in this matter. People v. Taylor (2008) 160 Cal.App.4th 304, is directly on point. There, the defendant was ordered committed under the MDOA. (Id. at p. 308.) He filed an appeal and his counsel on appeal filed an opening brief that asked the court to conduct an independent review of the record under Wende. (Ibid.) The court declined the request because Wende review is required only when appointed counsel is representing an indigent criminal defendant in his first appeal as a matter of right. (Id. at p. 312.) The court ruled that Wende review is not available for a civil commitment under the MDOA and dismissed the appeal. (Id. at pp. 312-313.)

We find the reasoning of Taylor to be persuasive and follow it here.

III. DISPOSITION

The appeal is dismissed.

We concur: Simons, J., Needham, J.

On December 5, 2008, counsel sent a letter to the court stating that appellant intended to file a supplemental brief and that he would be filing a request for an extension of time.

Appellant did not in fact file a request for an extension and he has not filed a supplemental brief.


Summaries of

People v. Turner

California Court of Appeals, First District, Fifth Division
Jan 22, 2009
No. A120988 (Cal. Ct. App. Jan. 22, 2009)
Case details for

People v. Turner

Case Details

Full title:THE PEOPLE v. THOMAS TURNER,

Court:California Court of Appeals, First District, Fifth Division

Date published: Jan 22, 2009

Citations

No. A120988 (Cal. Ct. App. Jan. 22, 2009)

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