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California Court of Appeal


People v. Gerard, 260679

In the People's appeal after the trial court granted defendant's motion for judgment, the court's judgment, that defendant could not be certified as a mentally disordered offender (MDO) because the Board of Parole Hearings did not obtain a timely MDO evaluation, is reversed where: 1) the Board properly placed a hold on defendant's release from prison to allow time for an MDO evaluation; and 2) the Board's actions were consistent with its authority pursuant to section 2963 and did not require a written order to detain.

Appellate Information

  • Published 2015/12/22

Judges

  • GILBERT

Court

  • California Court of Appeal

Counsel

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