People v. N.D.

F079695 · Court of Appeal of the State of California, Fifth Appellate District · October 14, 2020 · No. F079695

Summary

The California Court of Appeal dismisses an appeal from a mental health commitment order under the Lanterman-Petris-Short Act because the order expired and the appeal is moot. The court also holds that Anders/Wende procedures are not required in such appeals, citing Conservatorship of Ben C.

Holdings

  1. The appeal is dismissed as moot because the 180-day commitment order expired before the opening brief was filed, so any ruling would have no practical impact.
  2. The court declines to exercise its discretion to retain the appeal because the appeal is moot.

Questions Presented

  1. Whether the appeal should be dismissed as moot because the 180-day commitment order expired before the opening brief was filed.
  2. Whether the court should exercise discretion to conduct Anders/Wende review despite the holding in Conservatorship of Ben C.

Disposition

dismissed

Cases Cited (4)

  • Anders v. California (1967) 386 U.S. 738(cited)
  • People v. Wende (1979) 25 Cal.3d 436(cited)
  • Conservatorship of Ben C. (2007) 40 Cal.4th 529(followed)
  • Woodward Park Homeowners Assn. v. Garreks, Inc. (2000) 77 Cal.App.4th 880(cited)

Cited In (0)

No citing cases on record yet.

Court Document

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