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IN RE POLK

No. A084596.

84 Cal.Rptr.2d 389 (1999)

71 Cal.App.4th 1230

In re Elvin James POLK, on Habeas Corpus.

Court of Appeals of California, First District, Division Two.

May 4, 1999.

Attorney(s) appearing for the Case

Jay B. Gaskill, Alameda County Public Defender, Harold G. Friedman, Chief Asst. Public Defender, Michael S. McCormick, Asst. Public Defender, Attorneys for Petitioner.

Bill Lockyer, Attorney General, David Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Catherine Rivlin, Supervising Deputy Attorney General ,Pamela Critchfield, Deputy Attorney General, for Respondent.

HAERLE, Acting P.J.

I. INTRODUCTION

Elvin James Polk, who is confined at Atascadero State Hospital, petitions for a writ of habeas corpus. Petitioner was committed to the state hospital pursuant to an order of commitment under Penal Code section 1370 after he was found incompetent to stand trial.1 We issued an order to show cause why the relief requested should not be granted....

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