California Court of Appeal

Dismissal of a petition to involuntarily commit defendant as a mentally disordered offender (MDO) upon the expiration of his parole period is affirmed where: 1) the government committed "inexcusable negligence" in a 6-month delay in filing its MDO petition; 2) the government's subsequent delay in providing necessary discovery caused the proceedings of the case to fall below the minimum due process required for involuntary commitment; and 3) the trial court did not err as a matter of law in dismissing the petition as it acted well within its statutory and constitutional authority.

Appellate Information

• Decided 03/24/2008
• Published 03/24/2008

Judges

• IRION, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael A. Ramos, District Attorney, Grover D. Merritt and Mary L. Andonov, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Doreen Boxer, Public Defender, and Pamela P. King, Deputy Public Defender, for Defendant and Respondent.