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People v. Blanchard

California Court of Appeals, First District, Third Division

December 31, 2019

The PEOPLE, Plaintiff and Respondent,
v.
Bryan Jack BLANCHARD, Defendant and Appellant.

          As Modified on Denial of Rehearing 1/8/2020

         [257 Cal.Rptr.3d 143] Superior Court of Contra Costa County, Lewis A. Davis, J. (Contra Costa County Super. Ct. No. 5-171905-3)

Page 1021

         COUNSEL

         First District Appellate Project, Jonathan Soglin, San Francisco, and Jeremy Price, for Defendant and Appellant.

         Xavier Becerra, Attorney General, Lance E. Winters and Jeffrey M. Laurence, Assistant Attorneys General, Seth K. Schalit and Lisa Ashley Ott, Deputy Attorneys General, for Plaintiff and Respondent.

         OPINION

         Siggins, P.J.

Page 1022

          Bryan Jack Blanchard appeals from an order that adjudicated him incompetent to stand trial for a probation revocation charge and

Page 1023

committed him to the Department of State Hospitals. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 158 Cal.Rptr. 839, 600 P.2d 1071 (Wende ) to determine whether there are any arguable issues on appeal. After considering whether Wende requires our independent review of the record in this circumstance, we conclude it does not. Instead, we follow and apply the process for review identified by our Supreme Court in Conservatorship of Ben C. (2007) 40 Cal.4th 529, 53 Cal.Rptr.3d 856, 150 P.3d 738 (Ben C. ).

          We have reviewed the brief provided by appointed counsel. It contains a summary of the relevant facts and law, and there appear to be no arguable issues to be pursued on appeal. We have also considered supplemental briefing we requested on the appropriate standard for review in this appeal. Accordingly, this appeal is dismissed.

          BACKGROUND

          Blanchard was arrested after he was seen carrying a backpack and running away from a home that was not his own. The ...


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