People v. Pardew CA4/1

Filed 8/10/22 P. v. Pardew CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080106

Plaintiff and Respondent, (Super. Ct. No. SCD220336)

v.

JERRY PARDEW,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Steven E. Stone, Judge. Affirmed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.

I. INTRODUCTION Jerry Pardew appeals from a judgment following a bench trial recommitting him as a mentally disordered offender (MDO) pursuant to Penal Code sections 2970 and 2972.1 His counsel on appeal has filed an opening brief asking this court to conduct an independent review of the

1 Undesignated statutory references are to the Penal Code.

record pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende). We granted Pardew the opportunity to file a supplemental brief on his own behalf, and he has done so. We have reviewed the briefing submitted by counsel and by Pardew and affirm the judgment. II. FACTUAL AND PROCEDURAL BACKGROUND In September 2009, Pardew pled guilty to one count of resisting an executive officer and two counts of threatening a state official or judge. He also admitted one prison prior and two strike priors. The court sentenced him to 32 months in prison. On December 2, 2011, Pardew was admitted to Atascadero State Hospital as an MDO pursuant to section 2962. Since then, Pardew’s commitment has been extended seven times. He submitted to the first commitment extension without a trial. The second, third, fourth, and fifth extensions were by jury trial. Pardew waived his right to a jury trial for