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Name: People v. Dobson
Case #: F053531
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/16/2008
Summary

The appellate court is not required to independently review the record pursuant to Anders/Wende procedures where the appeal is from the denial of outpatient status pursuant to a petition for restoration of competency under Penal Code section 1026.2. Dobson was committed to a state hospital in 1998 following a finding of not guilty by reason of insanity. In 2007 he filed a petition for release based on a restoration of sanity. The petition was denied, and appellant filed a notice of appeal. When his appellate attorney filed a Wende brief, the appellate court considered whether it was required to independently review the record pursuant to Anders/Wende procedures. The court held that it was not required to do so. In Conservatorship of Benc C. (2007) 40 cal. 4th 529, the California Supreme Court held that Anders/Wende review is not required on an appeal from the imposition of an LPS conservatorship. The reasoning of that case compels a similar conclusion here. A hearing on a petition to restore competency pursuant to section 1026.2 is not a criminal proceeding even though the applicant is entitled to due process protections ordinarily reserved for criminal trials.