PEOPLE v. SOIU

No. B157187.

131 Cal.Rptr.2d 421 (2003)

106 Cal.App.4th 1191

The PEOPLE, Plaintiff and Respondent, v. Dante Michael SOIU, Defendant and Appellant.

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

As Modified March 18, 2003.


Attorney(s) appearing for the Case

John L. Staley, under appointment by the Court of Appeal, Poway, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, and Timothy M. Weiner, Deputy Attorney General, for Plaintiff and Respondent.


TURNER, P.J.

I. INTRODUCTION

Defendant, Dante Michael Soiu, appeals from the denial of his petition for placement in a conditional release program pursuant to Penal Code section 1026.2.1 Defendant argues the trial court committed error by denying his petition for placement in a conditional release program without holding an evidentiary hearing. We agree.

II. PROCEDURAL BACKGROUND

On December 14, 2000, defendant...

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