P. v. Gallegos CA4/1
Defendant George Young Gallegos appeals an order extending for an additional two years his civil commitment to the California Department of Mental Health (DMH) as a person who was previously found not guilty by reason of insanity (NGI) after he waived his right to a jury trial and agreed to the extension requested by the Penal Code section 1026.5 petition filed by the San Diego County District Attorney. On appeal his appointed counsel raises no arguable issues, but requests that we nevertheless exercise our discretion to conduct an independent review of the record. However, we agree with the reasoning and holding in People v. Martinez (2016) 246 Cal.App.4th 1226 (Martinez) that the procedures set forth in Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende) do not apply to an extension of an NGI civil commitment. Accordingly, we dismiss this appeal without conducting an independent review of the record pursuant to Anders/Wende or other.
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