Opinion
D071293
07-27-2017
THE PEOPLE, Plaintiff and Respondent, v. AARON DANIEL BONIN, Defendant and Appellant.
Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCD188372) APPEAL from a judgment of the Superior Court of San Diego County, Charles G. Rogers, Judge. Appeal dismissed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Aaron Daniel Bonin appeals from a judgment of the superior court extending Bonin's civil commitment to the Department of Mental Health for involuntary treatment as a mentally disordered offender (MDO). Bonin's counsel has filed a brief in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We conclude that Anders/Wende procedures do not apply to appeals in MDO commitment cases, and thus dismiss the appeal.
FACTUAL AND PROCEDURAL BACKGROUND
After representing himself at trial, Bonin was convicted in November 2005 of battery on a peace officer by gassing (Pen. Code, § 243.9, subd. (a)), assault by means likely to cause great bodily injury (§ 245, subd. (a)(1)), and battery upon an officer in the performance of his duties (§ 243, subd. (c)(1)). In February 2006, the court suspended proceedings based on a doubt about Bonin's mental competency and set a competency hearing. It reinstated proceedings the following month and on March 24, 2006, sentenced Bonin to a seven-year prison term. Bonin was thereafter admitted to Atascadero State Hospital (Atascadero) as an MDO and committed to the Department of Mental Health under section 2962 as a condition of his parole.
All statutory references are to the Penal Code. --------
In June 2016, the People filed a petition to extend Bonin's commitment to the Department of Mental Health for a one-year period, arguing he still suffered from a severe mental disorder that was not in remission or could not be kept in remission without treatment, and that he presented a substantial danger of physical harm to others. The petition was supported by a letter and affidavit from Atascadero's medical director expressing his opinion that Bonin qualified for continued treatment as an MDO, as well as an April 2016 forensic report of forensic psychiatrist Dia Gunnarsson, Psy.D., J.D. Dr. Gunnarsson explained that Bonin's primary diagnosis was schizoaffective disorder of the depressive type. Dr. Gunnarsson related that in January 2005, while in custody at the San Diego County Jail, Bonin spat in an officer's face and punched him in the nose and, during a subsequent struggle, Bonin bit the officer in the arm. In December 2006, Bonin threw a milk carton filled with urine and feces at two correctional officers, striking them, and then threatened to kill all corrections and highway patrol officers. She reported Bonin had a history of prior psychiatric treatment for symptoms he had exhibited since at least 2002, and a history of violence related to his mental illness, including the two MDO qualifying offenses during which he appeared paranoid and delusional. She noted those offenses were adjudicated as having been caused or aggravated by Bonin's mental illness. Dr. Gunnarsson reported that Bonin appeared to be in remission and had some insight into his mental illness and need for treatment as well as his history of violence, but did not demonstrate insight into the role his mental illness played in past acts of aggression, and minimized his rule violations. She summarized that as recently as the past couple of months, Bonin demonstrated limited insight into his mental illness, symptoms and treatment needs, presented with an extensive history of requiring involuntary medication orders in structured settings, and had a history of difficulties in other aspects of treatment that could help him develop further coping skills or a relapse prevention plan for substances. Accordingly, Dr. Gunnarsson recommended Bonin for continued commitment under section 2972.
The court conducted a bench trial in which it admitted and considered Dr. Gunnarsson's forensic report and a report of Randy Stotland, Ph.D., prepared for the hearing. Dr. Stotland's report related history given to him by Bonin, in which Bonin claimed to be in the Aryan brotherhood and practices " 'white magic' because he is part of the '999' " whose members "include the pentagon." Among other things, Bonin stated his brother ran the Navy, and his father was a "member of the 777" and owned Walmart Corporation. Dr. Stotland summarized Bonin's treatment record and behavior in the past year, including his "significant symptoms of a mental disorder including paranoid delusions, auditory hallucinations, mania, depression, explosive anger, and behavioral dysregulation," Bonin's "numerous crisis bed placements due to belligerent behavior because of delusions," and his refusal in July 2016 to take medications. He concluded Bonin had a severe mental disorder with a substantial impairment in thinking, emotions, behavior/conduct, and perceptions of reality that was not likely to improve without treatment; that the mental disorder was not in remission; and its overt symptoms were not controlled either by psychotropic medication or psychosocial support. Dr. Stotland observed Bonin had not adequately participated in treatment and that, by reason of his disorder, Bonin represented a substantial danger of physical harm to others. He wrote Bonin "has a history of violence. Currently, he lacks insight into his mental illness and need for treatment. He does not believe that he suffers from a mental illness. He blames his anxiety and depression on his peers and being hospitalized. He has been angry, agitated, and made threatening statements." Dr. Stotland concluded: "Given [Bonin's] symptoms and behavior while in a highly structured hospital setting, it does not seem reasonable that he can be safely and effectively treated as an outpatient or released without supervision at this time."
Bonin testified at trial. He denied he would be a danger to others if released. He also stated he was angry due to his 2004 arrest, and was sent to the Department of Corrections and Rehabilitation because "I am part of the code of numerology of the United States of America," "I am number one, letter a," and "I was . . . precaged." He stated he was supposed to be incarcerated for 11 years, then released where he would have "24 years of freedom and wealth," and then "get executed." He referred to the "warship of night and day" and told the court, "I am the day, Your Honor." According to Bonin, he was not released and was not happy about it.
DISCUSSION
Bonin's appellate counsel has filed a brief, pursuant to Wende and Anders, setting forth a statement of the case, urging no grounds for reversal of the judgment, and asking this court independently to review the record for error. We invited Bonin to file a brief on his own behalf, but he has not done so.
Counsel acknowledges authorities holding that MDO commitment cases such as Bonin's are exempt from Anders/Wende procedures (People v. Taylor (2008) 160 Cal.App.4th 304 (Taylor)), and, more recently, that such procedures do not apply to orders extending the civil commitment of an individual previously found not guilty by reason of insanity where counsel finds no arguable appellate issues and the client is given an opportunity to file a brief but does not. (People v. Martinez (2016) 246 Cal.App.4th 1226.) He acknowledges these decisions rely in part on Conservatorship of Ben C. (2007) 40 Cal.4th 529, 538, in which the California Supreme Court held that appeals from Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.) conservatorship proceedings are not subject to Anders/Wende review; that these procedures apply only to an indigent criminal defendant's first appeal as a matter of right. (Martinez, at pp. 1230, 1233, 1236; see also In re Phoenix H. (2009) 47 Cal.4th 835, 838 [reiterating Ben C. holding]; In re Sade C. (1996) 13 Cal.4th 952, 959 [Anders/Wende do not extend to indigent parent's appeal of an order adversely affecting custody or parental status].)
Counsel nevertheless urges us to conduct an independent review of the record here, because Bonin's mental health treatment is a condition of his parole. He argues it is "widely recognized that MDO proceedings, like competency hearings, are hybrid in nature in that they are technically civil hearings but involve substantial criminal procedural protections and requirements. Both civil and criminal rules of discovery apply, the District Attorney represents the People and carries the burden of proof, the defendant has rights to an attorney and the unanimous verdict of a jury, and the standard of proof is beyond a reasonable doubt." Counsel maintains that where the treatment is imposed as a condition of parole, "the case is sufficiently criminal in nature that Wende/Anders procedures should be mandatory under the Sixth and Fourteenth Amendments of the United States Constitution."
The argument does not convince us. We follow Taylor, supra, 160 Cal.App.4th 304, in which the prisoner there was also certified for MDO treatment as a condition of parole. (Id. at p. 312.) As Taylor pointed out, this court is bound by the high court's characterization of the MDO Act as a " 'civil commitment scheme.' " (Ibid., quoting In re Howard N. (2005) 35 Cal.4th 117, 127.) Here, as in Taylor, Bonin was informed of his right to file a supplemental brief identifying any issues he wanted us to consider, but did not do so. (Id. at p. 313.) For the reasons expressed in Taylor, we conclude due process does not require us to extend the Anders/Wende procedures to these appeals.
DISPOSITION
The appeal is dismissed.
O'ROURKE, J. WE CONCUR: BENKE, Acting P. J. HUFFMAN, J.