California Court of Appeal

Where a trial court has found that a severe mental disorder was not an aggravating factor in the commission of a crime, res judicata and double jeopardy will preclude the government from seeking a second "mentally disordered offender" determination based on the same underlying offense.

Appellate Information

• Decided 05/28/2002
• Published 05/28/2002

Judges

• COFFEE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Kent Baker, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin, Supervising Deputy Attorney General, Kirsten Korn, Deputy Attorney General, for Plaintiff and Respondent.