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PEOPLE v. TATE

Docket No. B076382.

29 Cal.App.4th 1678 (1994)

35 Cal. Rptr.2d 250

THE PEOPLE, Plaintiff and Respondent, v. KENNY WAYNE TATE, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

November 10, 1994.

Attorney(s) appearing for the Case

COUNSEL

Dan Mrotek, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, William T. Harter and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

Kenny Wayne Tate appeals from a trial court finding that he is a mentally disordered offender (MDO) within the meaning of Penal Code section 2962.1 Appellant concedes the order is supported by substantial evidence but argues that the trial court should have ordered his discharge pursuant to section 2968 because of an improvement in his mental condition. We affirm and hold that section...

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