Taylor

People v. Taylor

Good Law
160 Cal. App. 4th 304·2008 Cal. App. LEXIS 245·72 Cal. Rptr. 3d 740
Court of Appeal of CaliforniaFebruary 20, 2008No. B194403California3,098 words

Opinion

lead Opinion

Perren, J.

In Conservatorship of Ben C. (2007) 40 Cal.4th 529 [ 53 Cal.Rptr.3d 856 , 150 P.3d 738 ] (Ben C), our Supreme Court held that the judicial review procedures established in Anders v. California (1967) 386 U.S. *308 738 [ 18 L.Ed.2d 493 , 87 S.Ct. 1396 ], and People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ], do not apply to conservatorship proceedings under the Lanterman-Petris-Short Act (LPSA) (Welf. & Inst. Code, § 5000 et seq.). Here we conclude that appeals from civil commitments under the Mentally Disordered Offender Act (MDOA) (Pen. Code, 1 § 2962 et seq.) are also exempt from the Anders/Wende review requirements.

After a court trial, appellant Kory Taylor was ordered committed to the State Department of Mental Health for treatment as a mentally disordered offender (MDO). Appointed appellate counsel filed an opening brief raising no issues and requesting our independent review of the record pursuant to Wende . At our request, the parties filed supplemental briefing addressing whether the judicial review procedures established by Anders and Wende apply to MDOA proceedings. Because we answer that question in the negative, we shall dismiss the…

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