People v. Colbourn CA3

Filed 3/15/16 P. v. Colbourn CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C077388

v. (Super. Ct. No. CM040165)

ORRIN TYLER COLBOURN,

Defendant and Appellant.

Appointed counsel for defendant Orrin Tyler Colbourn asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Based on our review of the record, we will modify the judgment to impose a mandatory $300 parole revocation fine (Pen. Code,

1

§ 1202.45)1 and to specify that an $850 “fine” orally imposed by the trial court consists of a fine and other fees and assessments identified in this opinion. Finding no other arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment as modified. I Oroville Police Department officers responded on December 13, 2013, to a report of an individual in the roadway blocking traffic. The officers found defendant in the intersection claiming to be Jesus Christ and attempted to speak with him. Defendant started to fight and struck one of the officers. A criminal complaint charged defendant with battery with injury on a peace officer (§ 243, subd. (c)(2) -- count 1) and resisting an executive officer (§ 69 -- count 2), and also charged him with misdemeanor resisting, obstructing, or delaying a peace officer or EMT (§ 148, subd. (a)(1) -- count 3). The trial court suspended criminal proceedings on December 31, 2013, and issued an order for examination to determine defendant’s mental competency to stand trial pursuant to section 1368. A written report from psychologist Eugene Roeder concluded defendant was not competent to stand trial. Based on that report, the trial court found defendant incompetent to stand trial and referred the matter for appropriate placement. On March 5, 2014, the trial court issued an order for commitment to state hospital for treatment pursuant to section 1370. The order for commitment also applied to pending case Nos. CM040066 and PCS00166. The trial court subsequently received into evidence a written report issued by state hospital staff, concluding that defendant was not yet competent to stand trial and recommending he be retained for further treatment.