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In re Conservatorship of Person of Christopher A.

Court of Appeal of California
Sep 5, 2008
D052717 (Cal. Ct. App. Sep. 5, 2008)

Opinion

D052717

9-5-2008

Conservatorship of the Person of CHRISTOPHER A. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Petitioner and Respondent, v. CHRISTOPHER A., Objector and Appellant.

Not to be Published


Christopher A. appeals the judgment reestablishing a conservatorship of his person under the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.). 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. ), his appointed counsel states he is unable to find any arguable appellate issues and asks that we independently review the record to determine whether there are any arguable issues. Pursuant to Anders, he lists as possible but not arguable issues: whether the procedures for reestablishing the conservatorship conformed to the requisites of due process; whether the court improperly voir dired Christopher over the objections of trial counsel; whether it properly granted respondents motion to strike Christophers renewed request for a jury trial; and whether the renewed request for a jury trial may be considered the functional equivalent of a motion to withdraw consent to reestablishment of the conservatorship.

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 Christophers appointed counsel, including his list of possible issues. We have given Christopher 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:

AARON, J.

IRION, J.


Summaries of

In re Conservatorship of Person of Christopher A.

Court of Appeal of California
Sep 5, 2008
D052717 (Cal. Ct. App. Sep. 5, 2008)
Case details for

In re Conservatorship of Person of Christopher A.

Case Details

Full title:Conservatorship of the Person of CHRISTOPHER A. SAN DIEGO COUNTY HEALTH…

Court:Court of Appeal of California

Date published: Sep 5, 2008

Citations

D052717 (Cal. Ct. App. Sep. 5, 2008)