People v. Moore CA5

INTRODUCTION

Appellant/defendant Ardell Moore, Jr. appeals from an order requiring him to submit to involuntary administration of psychotropic medication. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) In addition, appellant has requested this court review certain issues. After conducting such a review, we affirm.

FACTS

As of 2013, appellant was 55 years old. He was committed to Coalinga State Hospital as a sexually violent predator (SVP) in 2006 and has remained committed since that time.1 On March 21, 2013, petitioner Department of State Hospitals (DSH) filed a petition in the Superior Court of Fresno County for an order to compel involuntary treatment with psychotropic medication on appellant, pursuant to In re Calhoun (2004) 121 Cal.App.4th 1315 (Calhoun). On May 16, 2013, the superior court conducted a hearing on the petition. Dr. Emmanuel Fantone, a board certified psychiatrist, was the only witness at the hearing. He had been appellant’s treating psychiatrist since December 2012 and…