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Conservatorship of Timothy C.

California Court of Appeals, Fourth District, First Division
Oct 24, 2008
No. D052996 (Cal. Ct. App. Oct. 24, 2008)

Opinion


Conservatorship of the Person of TIMOTHY C. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Petitioner and Respondent, v. TIMOTHY C., Objector and Appellant. D052996 California Court of Appeal, Fourth District, First Division October 24, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of San Diego County No. MH99976, Theodore M. Weathers, Judge. Appeal dismissed.

BENKE, Acting P. J.

In 2006 the court entered a judgment establishing a conservatorship of the person of Timothy C. under the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.). The conservatorship terminated by operation of law in 2007. In 2008 Timothy's attorney filed a petition seeking an order that within 10 days of any change of residence of the conservatee, the Public Conservator (a division of respondent San Diego County Health and Human Services Agency) give notice of the change to the court, the conservatee's attorney, and all interested parties who have requested notice. The court denied the petition. Timothy appeals.

Citing People v. Wende (1979) 25 Cal.3d 436 (Wende), Anders v. California (1967) 386 U.S. 738 (Anders), and Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.), Timothy's appointed counsel asks that we independently review the record to determine whether there are any arguable appellate issues. Pursuant to Anders, counsel lists, as a possible but not arguable issue: whether the court erred by denying the petition.

In Ben C., the California Supreme Court concluded that Wende and Anders procedures are not mandated in an appeal of a judgment for a conservatorship of the person under the LPS Act. We decline to exercise our discretion to review the record for error. We have reviewed the brief submitted by Timothy's appointed counsel, including the possible issue. We have given Timothy the opportunity to file a supplemental brief. He has not done so. Competent counsel has represented him in this appeal.

DISPOSITION

The appeal is dismissed.

WE CONCUR: HUFFMAN, J., AARON, J.


Summaries of

Conservatorship of Timothy C.

California Court of Appeals, Fourth District, First Division
Oct 24, 2008
No. D052996 (Cal. Ct. App. Oct. 24, 2008)
Case details for

Conservatorship of Timothy C.

Case Details

Full title:SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Petitioner and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Oct 24, 2008

Citations

No. D052996 (Cal. Ct. App. Oct. 24, 2008)