People v. Roberts CA4/1

Filed 2/11/25 P. v. Roberts 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084484

Plaintiff and Respondent,

v. (Super. Ct. No. SCD237246)

ERIC PATRICK ROBERTS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Melinda J. Lasater, Judge. Appeal dismissed. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

MEMORANDUM OPINION1 Eric Patrick Roberts appeals from a judgment following a bench trial recommitting him as an offender with mental health disorder (OMHD) under

1 We resolve this case by memorandum opinion pursuant to California Standards of Judicial Administration, section 8.1.

Penal Code sections 2970 and 2972.2 His counsel on appeal has filed an opening brief asking this court to conduct an independent review of the record under Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende). We granted Roberts the opportunity to file a supplemental brief on his own behalf and he has not done so. We decline to conduct an Anders/Wende review and dismiss the appeal. FACTUAL BACKGROUND In August 2014, Roberts pled guilty to assault with intent to commit rape, admitting an enhancement under section 667.5, subdivision (b). The court sentenced Roberts to a total prison term of five years. In 2016, Roberts was committed to the Department of State Hospitals as an OMHD under section 2962. Each year since 2019, the court has ordered a one-year extension of Roberts’s civil commitment under sections 2970 and 2972. In support of the March 2024 petition, the People attached an affidavit from the medical director of a state hospital. The medical director opined that Roberts suffered from a “severe mental disorder” that was “not in remission,” that his disorder could not be kept in remission if his treatment was not continued, and that he “represent[ed] a substantial danger of physical harm to others.” Roberts denied the allegations in the petition and requested a bench trial. The court appointed two doctors to examine Roberts and provide opinions about whether his commitment should be extended for another year. Both doctors opined that Roberts suffered from a severe mental disorder and that his mental disorder was not in remission. A psychologist working at the