Kisling

In this case, we address whether People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ] review applies to an appeal from the denial of a defendant’s petition for release from his commitment as a sexually violent predator. Defendant Richard Kisling appeals from the trial court’s denial of his petitions for unconditional and conditional release from his commitment as a sexually violent predator. (Welf. & Inst. Code, §§ 6605, 6608.) Appointed counsel for defendant has asked this court to review the record pursuant to Wende to determine whether there exist any arguable issues in defendant’s appeal from the trial court’s order. We asked for supplemental briefing from the parties on whether Wende review applies to appeals from denials of petitions for release from a sexually violent predator commitment. Finding Wende review is inapplicable here, we shall dismiss the appeal.

Wende applies only to “appointed appellate counsel’s representation of an indigent criminal defendant in his first appeal as of right.” (In re Sade C. (1996) 13 Cal.4th 952, 978 [ 55 Cal.Rptr.2d 771 , 920 P.2d 716 ].) Since proceedings under the Sexually Violent Predator Act (SVPA) (§…