People v. Bailey CA4/1

Filed 2/18/25 P. v. Bailey CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084400

Plaintiff and Respondent,

v. (Super. Ct. No. SCE379365) DANIEL KEITH BAILEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David L. Berry, Judge. Dismissed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. MEMORANDUM OPINION Daniel Keith Bailey appeals from an order sustaining a petition to extend his commitment as an offender with mental health disorder pursuant

to Penal Code1 sections 2970 and 2972. Bailey’s counsel raises one arguable issue for our review and asks us to independently review the record for

1 Further statutory citations are to the Penal Code.

reversible error under Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende). We agree with the reasoning and holding in People v. Taylor (2008) 160 Cal.App.4th 304 (Taylor), however, that the procedures set forth in Wende and Anders for criminal defendants do not apply to an extension of a civil commitment pursuant to sections 2970 and 2972. We thus dismiss the appeal. FACTUAL BACKGROUND In 2018, Bailey pled guilty to one count of assault with a means of force likely to cause great bodily injury in violation of section 245, subdivision (a)(4), after assaulting his mother. He was subsequently sentenced to four years in state prison, and later committed to Atascadero State Hospital as an offender with mental health disorder (OMHD) under section 2962. OMHDs include inmates who “ha[ve] a severe mental health disorder that is not in remission or that cannot be kept in remission without treatment” and are thus “provided necessary treatment by the State Department of State Hospitals” as a condition of parole. (Id., subd. (a)(1).) On January 25, 2023, the People filed a petition to extend Bailey’s commitment for one year under sections 2970 and 2972. After a bench trial, the court sustained the petition. On February 6, 2024, the People again petitioned to extend Bailey’s commitment for one year. The court held a trial, at which the People presented testimony from three doctors. Brenna Giordano, a forensic psychologist employed by Atascadero State Hospital, testified Bailey had been diagnosed with schizophrenia. Giordano agreed Bailey’s illness “has substantially impaired his thought perception of reality, emotional process or judgment” or has “grossly impaired his behavior,” that it was not in remission, and that Bailey “continues to