California Court of Appeal

Petition for writ of mandate seeking dismissal of recommitment proceedings initiated by the district attorney under the Mentally Disordered Offender Act is granted as Penal Code sections 2970 and 2972 require the district attorney to accept the diagnosis made by the Department of Mental Health, not competing diagnoses offered by outside experts retained by the district attorney.

Appellate Information

• Decided 07/16/2007
• Published 07/16/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rudy Kraft, under appointment by the Court of Appeal, for Petitioner., Gregory D. Totten, District Attorney, Michelle J. Contois, Deputy District Attorney, for real party in interest.


• For Appellees:
  
• No appearance for Respondent.