Fear Not Law Articles: P. v. Goodwin

P. v. Goodwin

Filed 1/14/08 P. v. Goodwin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

KENNETH B. GOODWIN,

Defendant and Appellant.

2d Crim. No. B201223

(Super. Ct. No. F402982)

(San Luis Obispo County)

Kenneth B. Goodwin appeals from the judgment (order of recommitment) entered following a court trial in which he was determined to be a mentally disordered offender. (MDO; Pen. Code, 2962 et seq.) Doctor William Everet Walters, appellant's treating psychiatrist, testified that appellant suffers from two severe mental disorders: pedophilia and bi-polar disorder, manic type, manifested by mood swings, explosivity, poor judgment, and rage attacks. The pedophilia symptoms included lewd and lascivious acts on a child and sodomy on a child. Doctor Walters opined that appellant met all the MDO criteria and that appellant represented a substantial danger of physical harm to others by reason of the severe mental disorders.

The trial court found that appellant was an MDO and recommitted him to the California Department of Mental Health for treatment as a condition of his parole. (Pen. Code, 2966, subd. (c).)

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 November 6, 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.)^{^[1]}

The judgment (order of commitment) is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J.

We concur:

GILBERT, P.J.

COFFEE, J.

Christopher G. Money, Judge

Superior Court County of San Luis Obispo

______________________________

Ruby Kraft, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.

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^{^[1]}Respondent's motion to dismiss the appeal pursuant to Conservatorship of Ben C. (2007) 40 Cal.4th 529is denied.

Description	Kenneth B. Goodwin appeals from the judgment (order of recommitment) entered following a court trial in which he was determined to be a mentally disordered offender. (MDO; Pen. Code, 2962 et seq.) Doctor William Everet Walters, appellant's treating psychiatrist, testified that appellant suffers from two severe mental disorders: pedophilia and bi-polar disorder, manic type, manifested by mood swings, explosivity, poor judgment, and rage attacks. The pedophilia symptoms included lewd and lascivious acts on a child and sodomy on a child. Doctor Walters opined that appellant met all the MDO criteria and that appellant represented a substantial danger of physical harm to others by reason of the severe mental disorders. 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.
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