People v. Holiday CA4/1

Good Law
Court of Appeal of CaliforniaJanuary 13, 2015D065999California144 words

Opinion

Mcintyre, J.

DISCUSSION

Our high court held that conservatorship proceedings under the Lanterman-Petris-

Short Act (Welf. & Inst. Code, § 5000 et seq.) are not subject to Wende review.

(Conservatorship of Ben C. (2007) 40 Cal.4th 529, 538 (Ben C.).) In People v. Taylor

(2008) 160 Cal.App.4th 304 (Taylor), the Second District Court of Appeal concluded that

the analysis of Ben C. was equally applicable to MDO civil commitment proceedings.

(Taylor, at pp. 308, 312-313.) We agree with the conclusion in Taylor that our

2 independent review of the record is not required in MDO proceedings and decline to

exercise our discretion to conduct such a review.

Appointed appellate counsel having found no arguable issues and Holiday having

not filed a supplemental brief, dismissal is appropriate. (Taylor, supra, 160 Cal.App.4th

at p. 313.) Competent counsel has represented Holiday in this appeal.

DISPOSITION

The appeal is dismissed.

MCINTYRE, J.

WE CONCUR:

MCCONNELL, P. J.

AARON, J.

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