People v. Reyes CA4/1

Filed 10/29/24 P. v. Reyes CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084072

Plaintiff and Respondent,

v. (Super. Ct. No. SCS307574)

CARMELO REYES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura H. Parsky, Judge. Dismissed John L. Staley, under appointment by the Court of Appeal for Defendant and Appellant. No appearance for Plaintiff and Respondent. MEMORANDUM OPINION Carmelo Reyes appeals from a judgment extending for one year his civil commitment as an offender with a mental health disorder (OMD) under the Mentally Disordered Offender Act (MDOA). (Pen. Code, § 2960 et seq.) On appeal, Reyes’s appointed counsel raises one arguable issue for our review and asks us to independently review the record for reversible error under People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967)

386 U.S. 738. We agree with the reasoning and holding in People v. Taylor (2008) 160 Cal.App.4th 304, however, that the procedures set forth in Wende and Anders for criminal defendants do not apply to an extension of a civil commitment under the MDOA. We thus dismiss the appeal. I. In 2019 Carmelo Reyes pleaded guilty to committing an assault with a deadly weapon using rocks. (Pen. Code, § 245, subd. (a)(1).) The court granted him formal probation and released him to a program that would provide short-term housing and services with an expectation that he would follow the rules of the program including counseling and testing. The court revoked his probation in 2021 after finding several probation violations. The court sentenced him to four years in state prison. Reyes was initially placed in the general population in state prison, but required a higher level of care for intensive mental health care. In May 2022, he was admitted to Atascadero State Hospital on parole pursuant to Penal Code section 2962 as an offender with a mental disorder. In January 2024, the People petitioned the court to continue involuntary treatment for another year contending Reyes still suffers from a severe mental disorder which cannot be kept in remission without treatment, and that he poses a substantial danger of physical harm to others by reason of his mental disorder. Reyes denied the petition and requested a jury trial. The court appointed two doctors to evaluate whether Reyes met the criteria for recommitment and outpatient treatment. At trial, the jury heard a stipulated account of the history of Reyes’s current offense as well as Reyes’s prior criminal history including battery, stalking and harassment after service of a restraining order, possession of a