People v. Stockman CA1/1

Filed 11/16/22 P. v. Stockman CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A164558

v. (Sonoma County GREGORY CHATTEN STOCKMAN, Super. Ct. No. SCR206261) Defendant and Appellant.

In 1993, defendant Gregory Chatten Stockman was charged with attempted murder and assault with a deadly weapon. (Pen. Code, §§ 187, subd. (a), 664, 245, subd. (a)(1).)1 He was found not guilty by reason of insanity and committed to Napa State Hospital. (§ 1026.) The trial court granted his petition for supervised release in 2017. He now appeals from an order revoking his conditional release status. Defendant’s counsel has submitted an opening brief raising no arguable issues, and requests this court to make its own independent review of the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, or in the alternative, to conduct a review in accordance with Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.)

All further statutory references are to Penal Code unless otherwise 1

indicated.

1

Defendant was provided with a copy of the brief and informed of his right to file a supplemental brief. He has submitted supplemental briefing and addenda, but has raised no issues in his briefing. As appellate counsel acknowledges, Wende review is only available in a first appeal of right from a criminal conviction. (Ben C., supra, 40 Cal.4th at pp. 543–544; People v. Serrano (2012) 211 Cal.App.4th 496, 501; People v. Taylor (2008) 160 Cal.App.4th 304, 312.) However, given the “private interests at stake” and the “restraints upon physical freedom and personal autonomy” at issue, we will proceed with a Wende review. (Ben C., at p. 545 (dis. opn. of George, C.J.); id., at pp. 543–544 & fn. 7.) Upon independent review of the record, we find no arguable issues on appeal and affirm the order. BACKGROUND2 Following a trial, the court issued an order in 2017 “finding defendant was ‘an appropriate candidate to be transferred to CONREP[3] for supervised release in the community.’ ” (People v. Stockman (May 17, 2018, A152749) 2018 WL 2251649, at p.