P. v. Fausto
Defendant Adelberto Fausto appeals an order extending his state hospital commitment for an additional year pursuant to Penal Code section 2970. Defendant's counsel advises this court that her examination of the record reveals no arguable issues. (Anders v. California (1967) 386 U.S. 738 (Anders); People v. Wende (1979) 25 Cal.3d 436 (Wende).) Counsel advised her client in writing that a Wende brief was filed and that he had the right to personally file a supplemental brief in this case within 30 days. Defendant sent two letters addressed to his appellate counsel. Counsel then filed defendant's letters with this court. We conclude, consistent with Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.) recommitment proceedings pursuant to section 2970 are not subject to Wende review. However, because in his letters defendant indirectly attacks his commitment, Court have reviewed the record and find that substantial evidence supports the court's order extending defendant's hospital commitment for another term.
The commitment order is affirmed.
Comments on P. v. Fausto