California Court of Appeal

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People v. Superior Court (Gilbert), B230886

In a petition for a writ of prohibition challenging an order of the trial court dismissing a petition for the civil commitment of defendant and real party in interest, Welf. & Inst. Code section 6600 et seq, petition is granted where the people are entitled to a probable cause hearing under section 6602 since nothing in the record supports conclusion that a delay in referring defendant for evaluation by the Department of Mental Health was the result of systemic negligence rather than honest mistake.

Appellate Information

  • Decided 06/28/2011
  • Published 06/28/2011

Judges

  • GRIMES

Court

  • California Court of Appeal

Counsel