P. v. Abram
Filed 2/2/10 P. v. Abram CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. DANIEL NATHANIEL ABRAM, Defendant and Appellant. | H034501 (Santa Clara County Super. Ct. No. 134185) |
Daniel Nathaniel Abram appeals from an order extending his commitment as a Mentally Disordered Offender. (Pen. Code, 2970.) Appellant was admitted to Atascadero State Hospital pursuant to Penal Code section 2962 on August 5, 1993, having previously served a three year prison sentence for second degree robbery under Penal Code sections 211 and 212.5, subdivision (b). Because appellants most recent commitment was set to expire on August 5, 2009, on March 6, 2009, the District Attorney of Santa Clara County filed a petition to compel involuntary treatment. Appellant waived trial and agreed to submit the matter on the petition and two reports. After considering the reports and arguments by counsel, the trial court found the allegations in the petition to be true. This timely appeal ensued.
On appeal, we appointed counsel to represent appellant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. (Conservatorship of Ben C., (2007) 40 Cal.4th 529, 543-544 (Ben C.); People v. Taylor(2008) 160 Cal.App.4th 304.) In the opening brief, counsel requests that we allow appellant the opportunity to submit a brief in propria persona pursuant to Ben C., supra, 40 Cal.4th at pp. 543-544 (Ben C.). On November 9, 2009, we notified appellant of his right to submit written argument in his own behalf within 30 days. Thirty days have elapsed and we have received nothing from appellant.
The appellant having failed to raise any issue on appeal, the appeal must be dismissed as abandoned. (Ben C., supra, 40 Cal.4th 529.)
Disposition
The appeal is dismissed as abandoned.
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RUSHING, P.J.
WE CONCUR:
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PREMO, J.
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ELIA, J.
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