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PEOPLE v. SUPERIOR COURT (BLAKELY)

Docket No. B109959.

60 Cal.App.4th 202 (1997)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ALONZO BLAKELY, Real Party in Interest.

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

December 19, 1997.

Attorney(s) appearing for the Case

COUNSEL

Gil Garcetti, District Attorney, Patrick D. Moran, Dirk L. Hudson and Brent Riggs, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Michael J. Judge, Public Defender, Albert L. Menaster, Maureen Austin, and Jack T. Weedin, Deputy Public Defenders, for Real Party in Interest.

OPINION

KLEIN, P.J.

The People of the State of California (the People) petition this court for a writ of mandate directing respondent superior court to vacate its order declaring defendant and real party in interest Alonzo Blakely's (Blakely) diagnosis of "Axis II antisocial personality disorder" as a matter of law does not qualify as a "mental disease, defect, or disorder" within the meaning of Penal Code section 1026.5, subdivision...

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