People v. Bender CA1/4

Filed 9/29/22 P. v. Bender CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A164822 v. ERIC RANDALL BENDER, Contra Costa County Super. Ct. Nos. 2- Defendant and Appellant. 329806-4, 2-335186-3, 2- 335352-1

Defendant Eric Randall Bender was charged with numerous felonies and misdemeanors in three cases filed between April 2019 and November 2021. The charges included criminal threats (Pen. Code, § 422), arson (Pen. Code, § 451, subd. (d)), and battery on a spouse or cohabitant (Pen. Code, § 243, subd. (e)).1 After declaring a doubt as to defendant’s competency and evaluating the reports of two doctors, the trial court found defendant incompetent to stand trial (IST) and ultimately ordered defendant committed to the Department of State Hospitals (DSH) for a maximum period of confinement of two years.

1 Undesignated statutory references are to the Penal Code.

1

Defendant’s counsel filed a brief raising no arguable issues but asking this court to conduct an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel acknowledges, however, that our colleagues in Division Three recently held that Wende procedures are inapplicable to appeals from orders finding defendants incompetent pursuant to sections 1368 and 1370. (People v. Blanchard (2020) 43 Cal.App.5th 1020, 1025–1026 (Blanchard).) Counsel informed defendant of his right to file a supplemental brief, but defendant has not done so. Consistent with Blanchard and Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.), we shall dismiss the appeal. BACKGROUND Defendant was charged in three criminal cases filed between April 23, 2019, and November 12, 2021. On November 30, 2021, the court declared a doubt as to defendant’s competency in each of the three cases. It subsequently suspended all criminal proceedings and appointed doctors to evaluate defendant pursuant to section 1369, subdivision (a). On January 20, 2022, Dr. Stephanie Williams submitted a report finding that defendant suffered from a delusional disorder and lacked the ability to participate in his own defense in a rational manner. Her report detailed defendant’s delusions of grandiosity as well as his history of presenting to hospital emergency departments complaining of having a tapeworm inside his body and spiders in his anus. Dr. Williams further opined that defendant could not disclose pertinent facts to his attorney or testify relevantly in court.