California Court of Appeal

Dismissal of petition challenging BPT determination that defendant suffered from a severe mental disorder and that, as a condition of his parole, he be treated by the Department of Mental Health is affirmed. Once the time has past for the inmate to request a hearing following the initial commitment determintation, and proceedings have been instituted to extend the commitment, the inmate may not contest his mental state at the time of the underlying offense, but rather, he may only challenge the BPT's determination of his current mental status.

Appellate Information

• Decided 02/21/2007
• Published 02/21/2007

Judges

• PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Robert F. Katz, Supervising Deputy Attorney General, Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent.