Opinion
B293332
05-06-2019
THE PEOPLE, Plaintiff and Respondent, v. JEROME HARDY, Defendant and Appellant.
Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. ZM018249) APPEAL from a judgment of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Appeal dismissed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Jerome Hardy appeals from the judgment committing him to the Department of State Hospitals (DSH) under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.) We dismiss the appeal.
FACTUAL AND PROCEDURAL BACKGROUND
On October 20, 2011, the People filed a petition to commit Hardy as a sexually violent predator within the meaning of the SVPA. After reviewing the petition, the trial court found probable cause and ordered Hardy to remain at a secure DSH facility pending trial.
Hardy waived his right to a jury trial. His court trial was held from October 4 to October 10, 2018. On October 10, 2018, the court sustained the petition and ordered Hardy committed to the DSH for an indeterminate term. (Welf. & Inst. Code, § 6604.)
Hardy filed a timely notice of appeal.
DISCUSSION
We appointed counsel to represent Hardy in this appeal. After reviewing the record, counsel invoked People v. Wende (1979) 25 Cal.3d 436 and filed an opening brief raising no issues. On February 15, 2019, we gave Hardy notice that he had 30 days to submit a brief or letter raising any grounds of appeal, contentions, or arguments he wanted us to consider. We have not received a response.
Wende review applies only to appointed counsel's representation of an indigent criminal defendant in a first appeal of right. Proceedings under the SVPA, however, are civil matters. Wende does not apply. (People v. Kisling (2015) 239 Cal.App.4th 288, 290.)
DISPOSITION
The appeal is dismissed.
ZELON, Acting P. J. We concur:
SEGAL, J.
FEUER, J.