Filed 7/9/26 P. v. Townsend 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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, 2d Crim. No. B351396
(Super. Ct. No. 25PT-00759)
Plaintiff and Respondent, (San Luis Obispo County)
v.
RICKY TOWNSEND,
Defendant and Appellant.
Ricky Townsend appeals the trial court’s order committing
him to the State Department of State Hospitals as an Offender
with a Mental Health Disorder (OMHD). (Pen. Code,1 § 2960 et
seq.) We dismiss the appeal.
FACTS AND PROCEDURAL HISTORY
In 2023, Townsend was sentenced to two years in state
prison. Before his release, Townsend appeared before the Board
of Parole Hearings, which determined that he met the criteria
under section 2962 for initial commitment. He filed a section
1 Further unspecified statutory references are to the Penal
Code.
2966, subdivision (b) petition contesting that determination, and
subsequently waived his right to a jury trial. The court held a
bench trial, denied his petition, and ordered Townsend to be
committed to the State Hospital for treatment.
DISCUSSION
Townsend’s counsel on appeal has filed an opening brief
asking this court to conduct an independent review of the record
under People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel set
forth the statement of the case and a summary of the facts and
procedural history and raised no specific issues on appeal.
Townsend was informed of his right to file a supplemental brief.
He has not done so.
Because this appeal is from an OMHD commitment
proceeding rather than a first appeal as of right from a criminal
conviction, Townsend is not entitled to our independent review of
the record pursuant to Wende, supra¸ 25 Cal.3d 436. (People v.
Taylor (2008) 160 Cal.App.4th 304, 307–308, 312; see also
Conservatorship of Ben C. (2007) 40 Cal.4th 529, 537–539.) As
Townsend has not filed a supplemental brief, we will dismiss the
appeal without conducting an independent review of the record.
(Taylor, at p. 313.)
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED.
BALTODANO, J.
We concur:
YEGAN, Acting P. J. CODY, J.
2
Michael S. Frye, Judge
Superior Court County of San Luis Obispo
______________________________
Kree D. Filer, under appointment by the Court of Appeal,
for Defendant and Appellant.
No appearance for Plaintiff and Respondent.