People v. Epps CA4/1

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal concerning the order continuing appellant’s involuntary commitment as an MDO and requests this court to review the commitment proceedings in accord with People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386

U.S. 738.

In making this request, counsel notes the Supreme Court’s decision in Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.), which held that the Wende/Anders independent review procedures do not apply to civil commitments pursuant to the Lanterman-Petris-Short (LPS) Act (Welf. & Inst. Code, § 5000 et seq.). (Ben C. at p. 539.) Counsel also acknowledges that in People v. Taylor (2008) 160 Cal.App.4th 304, the Second District

2 considered whether the Wende/Anders procedures apply to MDO commitment cases and concluded they did not. We agree with People v. Taylor and decline to apply Wende/Anders procedures to this MDO case. In accordance with recommendations set forth in Ben C., supra, 40 Cal.4th at page 544, counsel has prepared a brief setting forth the facts and the law, and has provided appellant…