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Name: People v. Smith
Case #: B175297
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/23/2005
Subsequent History: Rhrg. den. 4/14/05

Appellant appealed the extension of his commitment as a Mentally Disordered Offender (MDO) pursuant to Penal Code section 2962. Appellate counsel found no arguable issues and filed a brief pursuant to People v. Wende. The appellate court issued an order observing that an MDO commitment is a civil proceeding, and that Wende is not applicable in the case of a civil proceeding, and requesting supplemental briefing. The court dismissed the appeal, finding that the appropriate remedy in an MDO appeal is that adopted by the court in In re Sade C. If an appellant does not raise claims of reversible error or other defect, he may be deemed to have abandoned his appeal, and the court may order dismissal.