Dobson

People v. Dobson

Good Law
161 Cal. App. 4th 1422·2008 Cal. App. LEXIS 551·75 Cal. Rptr. 3d 238
Court of Appeal of CaliforniaApril 16, 2008No. F053531California6,704 words

Opinion

lead Opinion

Harris, J.

INTRODUCTION

Anders v. California (1967) 386 U.S. 738 [ 18 L.Ed.2d 493 , 87 S.Ct. 1396 ] (Anders) and People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ] (Wende) require an appellate court to independently review the record in a criminal defendant’s first appeal as a matter of right if appointed appellate counsel represents he or she has found no arguable issues. In Conservatorship of Ben C. (2007) 40 Cal.4th 529 [ 53 Cal.Rptr.3d 856 , 150 P.3d 738 ] (Ben C.), the California Supreme Court held that Anders/Wende review is not required on an appeal from the imposition of a conservatorship under the Lanterman-Petris-Short Act (EPS Act; Welf. & Inst. Code, § 5000 et seq.). In this case, we find Ben C. compels a similar conclusion in an appeal from the denial of outpatient status pursuant to a petition for restoration of competency (Pen. Code, 1 § 1026.2), if appointed appellate counsel represents he or she has found no arguable issues, and that this court is not required to independently review the record pursuant to the AndersIWende procedures.

FACTUAL AND PROCEDURAL HISTORY

In 1998, appellant Steven Jay Dobson pleaded guilty to vehicle theft (Veh.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.