People v. Mourning CA2/6

Filed 8/5/25 P. v. Mourning CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B343248 (Super. Ct. No. 24PT-00444) Respondent, (San Luis Obispo County)

v.

JEFFEREY MOURNING,

Appellant.

Jefferey Mourning appeals from the trial court’s order committing him to the California Department of State Hospitals as an Offender with a Mental Health Disorder (OMHD) within the meaning of the OMHD Act. (Pen. Code1, § 2960 et seq.) We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no arguable issues and requested we follow the procedures set

1 Further undesignated statutory references are to the

Penal Code.

forth in Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.) and People v. Taylor (2008) 160 Cal.App.4th 304 (Taylor). Appellant was informed by appellate counsel and this court of his right to file a supplemental brief containing any issues he wishes this court to consider. He filed one supplemental brief raising no issues of merit. Accordingly, we dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND Appellant was arrested for throwing rocks at moving vehicles on a San Diego highway. When arresting officers asked why he was throwing rocks, he said the government was trying to kill him, he had to defend himself, the government was tracking him by putting “nanos” in his fingers, and the arresting officers were “cyborgs.” Appellant pled guilty to one count of maliciously and willfully throwing rocks at occupied vehicles in violation of Vehicle Code section 23110, subdivision (b). He was sentenced to two years in prison. Prior to his release, the Board of Parole Hearings (BPH) determined he met the requirements of section 2962 for initial commitment under the OMHD Act. He filed a section 2966, subdivision (b) petition contesting that determination, and subsequently waived his right to a jury trial and his right to be present at trial. The court held a bench trial, denied his petition, and ordered commitment for one year. DISCUSSION Because this appeal is from an OMHD commitment proceeding rather than a first appeal as of right from a criminal conviction, appellant is not entitled to our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. (See Ben C., supra, 40 Cal.4th at pp. 537-539; Taylor, supra, 160 Cal.App.4th at pp. 307-308.) He is, however, entitled to appellate consideration of any contentions raised in his supplemental brief. (People v. Delgadillo (2022) 14 Cal.5th 216, 232.)