Opinion
D062015
09-11-2012
Conservatorship of the Person of MONICA R. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Petitioner and Respondent, v. MONICA R., Objector and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. MH107235)
APPEAL from a judgment of the Superior Court of San Diego County, Gale E. Kaneshiro, Judge. Appeal dismissed.
Monica R. suffers from bipolar disorder, and she has had numerous stays in hospitals and other facilities. She has a history of not understanding her condition, not taking prescribed medication, not utilizing provided resources, and living on the street. In February 2012 Monica was admitted to a hospital with symptoms of hypomania. At the time, she tested positive for methamphetamines. She was combative and required restraints.
In March 2012 the San Diego County Health and Human Services Agency, through the office of the public conservator, filed a petition to establish a conservatorship under the Lanterman-Petris-Short Act (LPS Act). (Welf. & Inst. Code, § 5000 et seq.) The trial court appointed a temporary conservator. Monica demanded a jury trial on the issue of disability, and the jury found her "presently gravely disabled due to a mental disorder." The court entered a judgment establishing a one-year conservatorship. Monica 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.), Monica's appointed appellate counsel asks that we independently review the record to determine whether there are any arguable appellate issues. Counsel does not list any possible but not arguable issues.
In Ben C., supra, 40 Cal.4th 529, the California Supreme Court concluded that Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738 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 counsel provided. We have also given Monica the opportunity to file a supplemental brief, but she has not done so. Competent counsel represented her in this appeal.
DISPOSITION
The appeal is dismissed.
MCCONNELL, P. J. WE CONCUR: BENKE, J. MCDONALD, J.