People v. Myers CA5

Filed 5/12/21 P. v. Myers 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080177 Plaintiff and Respondent, (Kern Super. Ct. No. FP004465A) v.

DAVID EARL MYERS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Gregory A. Pulskamp, Judge. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Detjen, J.

INTRODUCTION Appellant David Earl Myers1 was recommitted to the Department of State Hospitals as a mentally disordered offender (MDO) after a bench trial. On appeal, her 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 to determine whether there are any arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We dismiss the appeal for the reasons explained below. FACTUAL AND PROCEDURAL BACKGROUND In August 1999, appellant (born 1952) approached two male minors who were playing near a church and asked whether they needed help. The minors ignored her. Appellant patted her groin and told one minor that she wanted the minor to touch appellant’s “private part.” As the minors started to walk away, appellant told them, “I am going to come back and take you away tonight.” The minors ran home, but appellant followed them on a bicycle and again said, “I am going to take you.” The mother of one of the minors saw appellant, called the police, and appellant was arrested shortly afterwards. In 2001, appellant was sentenced to six years in prison after pleading guilty to annoying or molesting a child under the age of 18 years (Pen. Code, § 647.6, subd. (c)(1)).2 In October 2007, appellant was certified by the Board of Parole Hearings for treatment under section 2970.

1According to appellate counsel, appellant “currently identifies as female and uses the name Susie. Since the case was filed under her old name, appellate counsel has continued to use it in this brief but will refer to appellant using female pronouns.” This opinion will similarly refer to appellant using female pronouns. 2 All further statutory references are to the Penal Code unless otherwise stated.