Conservatorship of J.G. CA1/1

Filed 4/24/23 Conservatorship of J.G. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Conservatorship of the Person of J.G.

PUBLIC GUARDIAN OF CONTRA A165316 COSTA COUNTY, (Contra Costa County Plaintiff and Respondent, Super. Ct. No. MSP-10-00060) v. J.G., Defendant and Appellant.

After a jury found that she continued to be gravely disabled, J.G. appealed from the superior court’s order reappointing the Public Guardian of Contra Costa County (Public Guardian) as the conservator of her person pursuant to the Lanterman-Petris-Short Act (LPS Act).1 J.G.’s appellate counsel filed an opening brief raising no arguable issues and asking this court to exercise its discretion to independently review the record (People v. Wende (1979) 25 Cal.3d 436 (Wende)) or, “at a minimum,” to conduct the level of review prescribed for conservatorship matters in Conservatorship of Ben C. (2007) 40 Cal.4th 529, 544 & fn. 6 (Ben C.). In accordance with Ben C., J.G.

Welfare and Institutions Code, section 5000 et seq. All section 1

references are to the Welfare and Institutions Code unless otherwise specified.

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was provided with a copy of the opening brief and informed of her right to file a supplemental brief; she has not done so. As appellate counsel acknowledges, a Wende review is only available in a first appeal of right from a criminal conviction. (Ben C., supra, 40 Cal.4th at pp. 543–544; People v. Serrano (2012) 211 Cal.App.4th 496, 501; People v. Taylor (2008) 160 Cal.App.4th 304, 312.) However, we have recently dismissed three prior appeals in this matter as moot. (Conservatorship of J.G. (Aug. 24, 2022, A162724) [dism. ord.]; Conservatorship of J.G. (Aug. 18, 2021, A160321) [unpub. opn.]; Conservatorship of J.G. (July 6, 2020, A157322) [dism. ord.].) Given the “private interests at stake” and the “restraints upon physical freedom and personal autonomy” at issue, we have conducted a Wende review in this instance. (Ben C., at p. 545 (dis. opn. of George, C.J.), pp. 543–544, fn. 7.) Our independent review of the record having disclosed no arguable issues, we affirm the reappointment order.