People v. Roberts CA4/1

DISCUSSION

Roberts’s appointed appellate counsel filed a brief under the authority of Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, setting forth a statement of the case and a summary of the facts and procedural history. Counsel raised no specific issues on appeal, arguing an Anders/Wende approach is appropriate. Following the holding of People v. Taylor (2008) 160 Cal.App.4th 304 (Taylor), we will dismiss the appeal without conducting an independent review of the record because the procedures set forth in Wende and Anders for criminal defendants do not apply to an extension of a civil commitment under the OMHD statute. (§ 2960 et seq.) The Supreme Court has held that the Anders/Wende independent review procedures do not apply to civil commitments under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.). (Conservatorship of Ben C. (2007) 40 Cal.4th 529, 539.) The Court of Appeal, Second Appellate District in Taylor concluded the Wende/Anders procedures likewise do not apply to OMHD commitment cases. (Taylor, supra, 160 Cal.App.4th at p. 308.) Roberts’s counsel cites Taylor but does not discuss its holding or applicability to this matter.

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