California Court of Appeal

Trial court's determination that defendant suffered from a severe mental disorder within the meaning of Penal Code section 2970 in its grant of state's petition seeking to extend defendant's commitment one additional year as a mentally disordered offender is affirmed as the trial court appropriately instructed the jury with CALCRIM No. 224 because a jury is not required to determine a defendant's "mental state" in order to determine whether a defendant suffered from a "severe mental disorder."

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Chris Truax, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Theodore M. Cropley, Deputy Attorneys General, for Plaintiff and Respondent.