People v. Moreau CA5

Filed 9/1/15 P. v. Moreau 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068592 Plaintiff and Respondent, (Kern Super. Ct. No. RF006496A) v.

KEVIN MICHAEL MOREAU, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Susan L. Jordan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Poochigian, J.

INTRODUCTION Appellant/defendant Kevin Michael Moreau was charged with committing two counts of criminal threats (Pen. Code, § 422). The criminal proceedings were suspended because he was found not competent to stand trial, and he was committed to Patton State Hospital. The court granted a petition to involuntarily administer antipsychotic medication to him, and he filed a notice of appeal from that order. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS On December 19, 2012, defendant left a message on the voicemail for the chief of police for the Ridgecrest Police Department. Defendant identified himself and said: “I’m gonna come up there and, um, visit you guys. I won’t be able to do that before Christmas, but I will be comin’ up there to visit you guys and you know what, I was in Tex-um, entertaining the same um, the same thing that the guy in Connecticut, New Town, Connecticut, uh, did. Okay? So you guys have a Merry Christmas and a Happy New Year.” Defendant left his telephone number and asked them to “call me.” Defendant also told a dispatcher that “if he came to Ridgecrest he would fucking kill us all.” On December 21, 2012, a felony complaint was filed charging defendant with two counts of committing criminal threats against the police chief and the officers of the police department. Competency Proceedings On December 27, 2012, defendant appeared in court with his appointed counsel. Based on counsel’s statements, the court declared a doubt as to defendant’s competency, suspended the proceedings, and appointed an expert to examine defendant.