P. v. Zwerenz
Filed 10/12/06 P. v. Zwerenz CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
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| THE PEOPLE, Plaintiff and Respondent, v. TRACY LEE ZWERENZ, Defendant and Appellant. | C049098
(Super. Ct. Nos. PC20040335, PR000430)
|
Following a jury finding that defendant Tracy Lee Zwerenz was a mentally disordered offender (Pen. Code, § 2970 et seq.), the El Dorado County Superior Court extended his commitment to the Department of Mental Health for an additional year.
Defendant appealed from the superior court’s order of recommitment and we appointed counsel to represent him. Counsel filed a brief in conformity with People v. Wende (1979) 23 Cal.3d 436, requesting that we review the record to determine whether there was any arguable error which could result in a disposition more favorable to defendant.
In People v. Smith (2005) 127 Cal.App.4th 896 (review granted July 13, 2005), the court set forth a lengthy and detailed analysis regarding why Wende review is not available to a defendant on appeal from an order involuntarily extending his or her commitment as a mentally disordered offender and dismissed the appeal. (Id. at pp. 901-913.) Since we agree with Smith, rather than repeating or paraphrasing its analysis, we simply adopt it.
Notwithstanding that we shall dismiss the appeal, because the issue is presently undecided we have also afforded defendant Wende review. We note that counsel for defendant advised him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
The appeal is dismissed.
HULL , J.
I concur:
ROBIE , J.
I concur in the result:
SIMS , Acting P.J.
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