California Court of Appeal

In an appeal from a Pen. Code section 2962 judgment of the trial court finding that defendant was a mentally disordered offender (MDO), judgment is reversed where there was insufficient evidence that defendant had been evaluated by two qualified evaluators, that the evaluators had made the necessary findings, and that the chief psychiatrist of the State Department of Mental Health had certified appellant as an MDO, as required.

Appellate Information

• Decided 12/23/2011
• Published 12/23/2011

Judges

• RICHLI

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ronald R. Boyer, under appointment by the Court of Appeal, for Plaintiff and Appellant., Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Lilia E. Garcia and Quisteen S. Shum, Deputy Attorneys General, for Real Party in Interest.