Opinion
D074372
02-14-2019
THE PEOPLE, Plaintiff and Respondent, v. JERMANE TERREL WHITE, Defendant and Appellant.
Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCE244585) APPEAL from an order of the Superior Court of San Diego County, Steven E. Stone, Judge. Appeal dismissed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL BACKGROUND
In 2005, Jermane Terrel White pled guilty to one count of petty theft (Pen. Code, § 484) and was placed on formal probation. However, his probation was revoked following an arrest for new offenses and he was ultimately convicted of additional counts of robbery (Pen. Code, § 211) and petty theft (Pen. Code, § 484) and sentenced to two years in state prison. After serving his sentence, White was hospitalized at Atascadero State Hospital as a mentally disordered offender (MDO), pursuant to Penal Code section 2962. He was initially admitted to the hospital in January 2010.
In December 2017, following extensions of his commitment each year between 2012 and 2017, the District Attorney's office filed a petition to extend White's involuntary treatment another year pursuant to Penal Code sections 2970 and 2972. Following a jury trial, White was found to be MDO and the trial court entered an order extending his commitment another year. White now appeals from that order.
ANALYSIS
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 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 with a copy of the brief and the record on appeal. Counsel informed White of his right to file a supplemental brief. Our court has also informed White of his right to file a supplemental brief, but he declined to do so.
Because appellant has failed to raise an arguable issue on appeal from an order of recommitment, we decline to retain this case (as is permitted by Ben C.) and instead dismiss the appeal. (Ben C., supra, 40 Cal.4th at p. 544; People v. Serrano (2012) 211 Cal.App.4th 496, 501.)
DISPOSITION
The appeal is dismissed.
DATO, J. WE CONCUR: McCONNELL, P. J. HALLER, J.