People v. Mitchell CA2/8

DISCUSSION

On March 7, 2013, the People filed a petition for commitment of Mitchell as a sexually violent predator. Following a court trial, the court ordered Mitchell committed as a sexually violent predator. Mitchell appealed from the order involuntarily committing him to the custody of the State Department of State Hospitals. As noted, appointed counsel filed a brief identifying no issues. We requested supplemental briefing on the issue of whether the procedures described in Wende apply on appeal from a order involuntarily committing a person under the SVPA. Following People v. Kisling (2015) 239 Cal.App.4th 288 (Kisling), which we find persuasive, we conclude that Wende review is inapplicable to civil SVPA proceedings and therefore dismiss the appeal. “Wende applies only to ‘appointed appellate counsel’s representation of an indigent criminal defendant in his first appeal as of right.’ ” (Kisling, supra, 239 Cal.App.4th at p. 290; see People v. Taylor (2008) 160 Cal.App.4th 304, 312.) Proceedings under the SVPA are civil and therefore do not implicate Wende. (Kisling, at p. 290.) Moreover, even though an involuntary commitment implicates significant liberty interests, the “.…