People v. Perez-Mejia CA1/3
Opinion
Opinion
Fujisaki, J.
facts and the law. Such a brief will provide an adequate basis for the court to dismiss the appeal on its own motion.” (Ben C., at p. 544, footnotes omitted.) Additionally, “[t]he conservatee is to be provided a copy of the brief and informed of the right to file a supplemental brief.” (Id. at p. 544, fn. 6.) The brief filed by defendant’s appointed counsel sets out the applicable facts and the law and indicates he has found no arguable issues. In his supporting declaration, defendant’s counsel states he informed defendant of his intent to file the brief and apprised defendant of his right to file a supplemental brief within 30 days. The proof of service accompanying the brief shows that on May 2, 2025, counsel served a copy of the brief on defendant. More than 30 days has elapsed since the filing and service of the
2 brief, and defendant has not filed a supplemental brief in this court. Accordingly, under Ben C., dismissal is appropriate. Defendant’s counsel nevertheless urges us to conduct an independent review “to confirm that proper procedures were followed and that the [commitment] order is supported by sufficient evidence.” (Ben C., supra, 40 Cal.4th at p. 555 (dis. opn. of…