People v. Chavez CA4/1

Filed 2/10/25 P. v. Chavez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084453

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCS149245/SCS167911) JUAN DANIEL CHAVEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joan P. Weber, Judge. Appeal Dismissed. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. MEMORANDUM OPINION Juan Daniel Chavez appeals from a judgment following a bench trial recommitting him as an offender with mental health disorder (OMHD)

pursuant to Penal Code sections 2970 and 2972. 1 His counsel on appeal has filed an opening brief asking this court to conduct an independent review of the record pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436) (Wende). We granted Chavez the opportunity to file a supplemental brief on his own behalf and he has not done so. FACTUAL BACKGROUND In August 2000, a jury convicted Chavez of second degree robbery. While on probation for that offense, Chavez suffered a conviction for exhibiting a deadly weapon. Pursuant to those convictions, the court sentenced Chavez to a total carceral term of four years. In 2009, Chavez was committed to the Department of State Hospitals as an OMHD under section 2962. Each year since 2009, the court has ordered a one-year extension to Chavez’s civil commitment pursuant to sections 2970 and 2972. In support of the December 2023 petition, the People attached an affidavit from the medical director of a state hospital. The medical director opined Chavez suffered “from a severe mental disorder that [was] not in remission” and that he “represent[ed] a substantial danger of physical harm to others” due, in part, to his failure to adhere to his treatment plan. Chavez denied the allegations in the petition and requested a bench trial. The court appointed two doctors to examine Chavez and provide opinions about whether his commitment should be extended for another year. Both doctors opined that Chavez suffered from a severe mental disorder and