California Court of Appeal

Commitment for additional year of involuntary mental health treatment under the Mentally Disordered Offender Act is reversed as the trial court erred in denying defendant's motion to dismiss the recommitment petition where, under the MDO Act, the district attorney has no authority to file a petition unless the medical director of the treating state hospital determines that the severe mental disorder is not in remission or cannot be kept in remission without treatment.

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• BUTZ, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Paul Bernstein, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and Julie A. Hokans, Deputy Attorneys General, for Plaintiff and Respondent.