People v. Harper CA4/1

Filed 9/24/25 P. v. Harper CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084071

Plaintiff and Respondent,

v. (Super. Ct. No. MH64508)

BRIAN PAUL HARPER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Brian Paul Harper appeals from a May 2024 order after bench trial recommitting him as a mentally disordered sex offender (MDSO) under

Welfare and Institutions Code former section 6316.2.1 His counsel submitted a brief pursuant to Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.), stating he found no arguable issues on appeal. He requested we independently review the record under Ben C. We granted Harper the opportunity to file a supplemental brief on his own behalf and he has not done so. After independently reviewing the record, we find no arguable appellate issues and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND In 1981, Harper was convicted of committing a lewd and lascivious act upon a child. (Pen. Code, § 288, subd. (a).) He was found to be an MDSO and committed to the State Department of Mental Health under former section 6316 for a maximum commitment of approximately six years nine months. On numerous occasions after November 1987, the court extended his commitment by two-year increments. He has been unsuccessful at a lower level security facility, and it has been determined that “[h]e cannot be safely treated in the community.” Prior to the September 2023 petition to recommit Harper (the 2023 petition), he was examined by a Department of State Hospitals Coalinga psychologist, Robert Wagner, Ph.D. Dr. Wagner diagnosed Harper with Schizoaffective Disorder, Pedophilic Disorder, Alcohol Use Disorder and Other Hallucinogen Use Disorder. When noncompliant with his medication, Dr. Wagner opined that Harper could “become delusional, paranoid, grandiose and verbally aggressive.” He was described to be “explosively