People v. Araujo CA5

Filed 6/30/14 P. v. Araujo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F065568

v. (Super. Ct. No. VCF124455)

DAVID STEVEN ARAUJO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. James W. Hollman, Judge. Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J., and Gomes, J.

In 2005, a jury convicted appellant, David Steven Araujo, of attempted murder (Pen. Code, §§ 187, 664)1 and assault with a deadly weapon (§ 245, subd. (a)(1)), and found true enhancement allegations that in committing both offenses, appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a deadly weapon (§ 12022, subd. (b)(1)). In a separate proceeding, the jury found that appellant was legally insane at the time he committed the instant offenses. The court ordered appellant committed to Atascadero State Hospital pending restoration of sanity, and set appellant’s maximum period of confinement at life with the possibility of parole plus four years. In 2008, the court ordered that appellant receive outpatient treatment under the supervision of the Central California Conditional Release Program (CONREP). In 2010, the court ordered appellant’s outpatient status revoked. In March 2012, the court granted appellant outpatient status under CONREP supervision a second time. In June 2012, the program director of CONREP filed a request that appellant’s outpatient status be revoked. In July 2012, the court, following a court trial, ordered that appellant’s outpatient status be revoked and that appellant be returned to Atascadero State Hospital for inpatient treatment. The instant appeal followed. Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant submitted a written response to this court’s invitation to submit additional briefing, but subsequently, at appellant’s request, this court ordered that response withdrawn. We affirm.