People v. Monroy CA2/6
Opinion
Opinion
Perren, J.
facts but raises no specific issues. Wende review, however, is available only in a first appeal of right from a criminal conviction. (People v. Serrano (2012) 211 Cal.App.4th 496, 501 (Serrano); Conservatorship of Ben C. (2007) 40 Cal.4th 529, 543-544; People v. Taylor (2008) 160 Cal.App.4th 304.) Defendant is not entitled to Wende review because he appeals an order requiring involuntary medication, not his conviction on the criminal charges brought in connection with his commitment offense. We will proceed with this appeal pursuant to the standards we enunciated in Serrano for this reason. We notified defendant of his right to submit written argument on his own behalf pursuant to Serrano. Defendant submitted a brief contending the Haldol injections administered by DSH violate his free exercise of religion. The United States Constitution (first and fourteenth Amendments) and California Constitution (Cal. Const. art. 1, § 4) prohibit involuntary medication that burdens a patient’s free exercise of religion, unless a compelling state interest outweighs the patient’s interests in religious freedom. (People v. Woody (1964) 61 Cal.2d 716, 718; State Dept. of State Hospitals v. A.H.…