People v. Le CA4/1

Filed 12/4/24 P. v. Le CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084225

Plaintiff and Respondent,

v. (Super. Ct. No. ERC2462)

HAI VAN LE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Melinda J. Lasater, Judge. Appeal dismissed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. MEMORANDUM OPINION Hai Van Le appeals an order extending for two years his civil

commitment under Penal Code1 section 1026.5 as a person who was previously found not guilty by reason of insanity (NGI). On appeal, Le’s appointed counsel raises no arguable issues but asks us to independently

1 All further undesignated statutory references are to the Penal Code.

review the record for reversible error. However, we agree with the reasoning and holding in People v. Martinez (2016) 246 Cal.App.4th 1226 (Martinez) that the procedures set forth in Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende) do not apply to an extension of an NGI civil commitment. Accordingly, we dismiss this appeal without conducting an independent review of the record pursuant to Anders/Wende or otherwise. I. In 1990, Le was found not guilty by reason of insanity on a charge of attempted murder (§§ 187, subd. (a), 664). He was committed to a state hospital pursuant to section 1026 until February 12, 2006. Thereafter, his NGI civil commitment was extended for two-year periods pursuant to section 1026.5 and, eventually, through May 11, 2024. In January 2024, the People filed a petition to extend Le’s NGI civil commitment for an additional two years pursuant to section 1026.5. The petition alleged Le was still suffering from a mental disease, defect, or disorder and by reason of such mental disease, defect, or disorder represented a substantial danger of physical harm to others. In support of the petition, the People attached an affidavit from the medical director of the state hospital, who opined that because of Le’s mental disease, defect, or disorder, he represented a substantial danger of physical harm to others. The trial court subsequently appointed two doctors to examine Le pursuant to section 1026.2. Le’s trial commenced on May 21, 2024, and Le was represented by counsel. At trial, the People presented testimony from three psychologists, including the two the court appointed. Le did not present any evidence. After considering the evidence and arguments of counsel, the jury found the