Fear Not Law Articles: P. v. Shirley

P. v. Shirley

Filed 7/18/07 P. v. Shirley CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent,

DWAYNE SHIRLEY,

Defendant and Appellant.

2d Crim. No. B198847

(Super. Ct. No. F397956)

(San Luis Obispo County)

Dwayne Shirley appeals from the judgment (order of commitment) entered following a court trial in which he was determined to be a mentally disordered offender. (MDO; Pen. Code, 2962 et seq.) Doctor Erika Wartena, appellant's treating psychiatrist, testified that appellant suffers from biopolar affective disorder, a severe mental disorder, and that appellant meets all the MDO criteria. The trial court found that appellant was an MDO and committed him to the California Department of Mental Health for treatment as a condition of his parole. (Pen. Code, 2966, subd. (b).)

We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised.

On June 1, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. To date, we have not received a response from appellant.

We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment (order of commitment) is affirmed.

NOT FOR PUBLICATION.

YEGAN, J.

We concur:

GILBERT, P.J.

PERREN, J.

Jac Crawford, Judge

Superior Court County of San Luis Obispo

______________________________

Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.

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Description	Dwayne Shirley appeals from the judgment (order of commitment) entered following a court trial in which he was determined to be a mentally disordered offender. (MDO; Pen. Code, 2962 et seq.) Doctor Erika Wartena, appellant's treating psychiatrist, testified that appellant suffers from biopolar affective disorder, a severe mental disorder, and that appellant meets all the MDO criteria. The trial court found that appellant was an MDO and committed him to the California Department of Mental Health for treatment as a condition of his parole. (Pen. Code, 2966, subd. (b).) Court appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. The judgment (order of commitment) is affirmed.
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