People v. Stemwedel CA4/1

Filed 12/8/20 P. v. Stemwedel CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D077506

Plaintiff and Respondent,

v. (Super. Ct. No. MH116418)

JOHN STEMWEDEL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Cindy Davis, Judge. Appeal Dismissed. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

John Stemwedel appeals from a judgment1 finding him to be mentally

incompetent to stand trial pursuant to Penal Code section 1368 et seq.2 On appeal, Stemwedel’s appointed counsel raises no arguable issues, but requests that we exercise our discretion to conduct an independent review of the record. However, we agree with the reasoning of People v. Blanchard (2019) 43 Cal.App.5th 1020 (Blanchard), which concluded that the procedures set forth in Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende) do not apply to mental competency proceedings. Accordingly, we dismiss this appeal. FACTUAL AND PROCEDURAL BACKGROUND In January 2019, Stemwedel was in custody at the San Diego Central Jail when, on three separate occasions, he threw urine, feces, and other unidentified liquids at correctional officers. Thereafter, the People filed a felony complaint charging Stemwedel with three counts of “gassing” pursuant to section 243.9, subdivision (a). During Stemwedel’s preliminary hearing, defense counsel informed the court that based on Stemwedel’s behavior and statements, counsel had doubts regarding Stemwedel’s competency and asked that proceedings be suspended. The trial court acknowledged counsel’s concerns and ordered the proceedings to be suspended to allow for an evaluation of Stemwedel pursuant to section 1368.