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PEOPLE v. FRANCIS

No. B151206.

120 Cal.Rptr.2d 90 (2002)

98 Cal.App.4th 873

The PEOPLE, Plaintiff and Respondent, v. Christopher FRANCIS, Defendant and Appellant.

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

Rehearing Denied June 25, 2002.

Review Denied August 14, 2002.

Attorney(s) appearing for the Case

Kent Baker, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin, Supervising Deputy Attorney General, Kirsten Korn, Deputy Attorney General, for Plaintiff and Respondent.

COFFEE, J.

Appellant Christopher Francis appeals from the order of the trial court committing him to Atascadero State Hospital (ASH) as a mentally disordered offender (MDO). (Pen.Code, §§ 2962, 2966.)1 He claims that double jeopardy and res judicata bar the relitigation of his mental state, which was the subject of a prior MDO proceeding. We reverse.

FACTS

Appellant was serving a prison term for burglary. While...

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