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IN RE LOCKS

No. B124959.

94 Cal.Rptr.2d 495 (2000)

79 Cal.App.4th 890

In re Eric O. LOCKS on Habeas Corpus.

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

Review Denied July 19, 2000.

Attorney(s) appearing for the Case

California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, Los Angeles, for Petitioner.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Morris Lenk, Acting Senior Assistant Attorney General, Darrell L. Lepkowsky, Allen R. Crown, Bruce M. Slavin, Supervising Deputy Attorneys General, and Helen E. Hesse, Deputy Attorney General, for Respondent.

OPINION ON REHEARING

GILBERT, P.J.

Petitioner Eric O. Locks was charged with a criminal offense, found not guilty by reason of insanity, and committed to Atascadero State Hospital ("ASH") for treatment. We conclude that while confined at ASH, he is not entitled to a hearing to determine his competence to refuse to take antipsychotic medication. We therefore deny his petition for habeas corpus.

FACTS

In 1976, Locks was found guilty of murder...

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