California Court of Appeal

In an appeal involving a “Murphy conservatorship" under the Lanterman-Petris-Short Act., Welf. & Inst. Code sections 5000 et seq. and Pen. Code section 1370, a renewable one-year civil commitment for criminal defendants who are otherwise incompetent to stand trial for a felony involving death, great bodily harm, or a serious threat to the physical well-being of another, and who do not have the prospect of a restoration of competency, the probate court's grant of petition to establish a conservatorship over the objector's person and estate is vacated and the petition is dismissed for insufficient evidence of the element of a pending indictment, and the issue of the imposed contractual disability and the cross-appeal regarding the length of the conservatorship are moot.

Appellate Information

• Decided 09/28/2015
• Published 09/28/2015

Judges

• BUTZ

Court

• California Court of Appeal

Counsel