P.eople v. Luper
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Luper was committed to a state hospital in 2014 (Penal Code section 1026) after he was found not guilty of felony vandalism by reason of insanity (NGI). In August 2020, pursuant to the People’s petition, the trial court ordered his commitment extended for two years.
The court of appeal dismissed an appeal. Luper’s counsel had notified the court that he reviewed the record of the section 1026.5 proceedings and found no arguable issues to raise on appeal. Counsel and the court notified Luper of his right to file a supplemental brief. Luper did not do so. The court declined to independently review the record for error pursuant to the Wende procedures. The Wende procedures were established in response to the U.S. Supreme Court’s “Anders” holding that an indigent criminal defendant in his first appeal of right is entitled to a full review of the record by the appellate court if counsel fails to identify any arguable issues for appeal. Under California precedent, Wende review is unavailable in appeals of orders pursuant to section 1026.5 extending NGI commitments.
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