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The People v. Thomas M. Carnes

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte)


December 29, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
THOMAS M. CARNES, DEFENDANT AND APPELLANT.
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
THOMAS M. CARNES, DEFENDANT AND APPELLANT.

(Super. Ct. No. CM029939) (Super. Ct. No. CM029939)

The opinion of the court was delivered by: Blease , Acting P.J.

P. v. Carnes CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This is an appeal taken pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).

In February 2009, defendant Thomas M. Carnes pled no contest to unlawful sexual intercourse. (Pen. Code, § 261.5, subd. (d).)*fn1 Prior to sentencing, defendant was found incompetent and committed to Napa State Hospital pursuant to section 1370. After being declared mentally competent by the Director of Napa State Hospital on January 7, 2010, defendant was returned to court, reexamined by a psychologist, and again found mentally incompetent. Prior to the placement hearing, defendant made a Marsden*fn2 motion, which was denied. The court then ordered defendant committed to the Department of Mental Health for placement in an appropriate facility until his competence is restored. The court also found defendant's maximum term of confinement was four years.

Defendant filed two notices of appeal, each with a request for a certificate of probable cause attached. Both requests detailed challenges to the validity of his no contest plea. Both requests for a certificate of probable cause were denied.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (See Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the 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.

DISPOSITION

The judgment is affirmed.

We concur: ROBIE ,J. MAURO ,J.


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