Filed 1/22/20 P. v. Butcher CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

TIMOTHY JOSEPH BUTCHER,

Defendant and Appellant.

B295144

(Los Angeles County

Super. Ct. No. ZM022318)

APPEAL from an order of the Superior Court of Los Angeles County, Donna Groman, Judge. Appeal dismissed.

Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

____________________

Timothy Joseph Butcher appeals from an order extending his commitment to Patton State Hospital pursuant to Penal Code section 1026.5. In 2002, following a bench trial, Butcher was found not guilty by reason of insanity of attempted murder and aggravated assault. His maximum period of initial confinement was to expire on May 1, 2014. Butcher’s commitment was thereafter extended in 2014 and 2016. (Pen. Code, § 1026.5, subd. (b).)

On September 14, 2016 Butcher was discharged from the state hospital and placed in the Conditional Release Program (CONREP) for outpatient treatment. On December 2, 2016 CONREP reported Butcher had been returned to the hospital on November 30, 2016 and requested revocation of his outpatient status.

On December 21, 2017 the Department of State Hospitals asked the district attorney’s office to petition to extend Butcher’s state hospital commitment. Following a bench trial, on July 31, 2018 the court ordered Butcher’s commitment extended to June 28, 2020.

Butcher filed a timely notice of appeal.

DISCUSSION

We appointed counsel to represent Butcher on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On September 20, 2019 we advised Butcher that he had 30 days in which to submit any contentions or issues he wished us to consider. We have received no response.

Butcher’s appellate counsel noted the Supreme Court’s decision in Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben. C.) in conjunction with this appeal. That case held the independent review procedures set forth in Anders v. California (1967) 386 U.S. 738 and People v. Wende (1979) 25 Cal.3d 436 do not apply to civil commitments pursuant to the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.). (Ben C., at p. 539.)

In People v. Martinez (2016) 246 Cal.App.4th 1226, 1228 the court of appeal, relying in part on Ben C., held Anders/Wende review is not required in an appeal from an order extending a civil commitment. We agree with Martinez and decline to apply Wende/Anders to this case. Because Butcher has failed to raise any arguable issue on appeal from the order extending his commitment, we dismiss the appeal as authorized by Ben C.

DISPOSITION

The appeal is dismissed.

PERLUSS, P. J.

We concur:

ZELON, J.

SEGAL, J.