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PEOPLE v. PARHAM

No. B160306.

4 Cal.Rptr.3d 609 (2003)

111 Cal.App.4th 1178

The PEOPLE, Plaintiff and Respondent, v. Steven PARHAM, Defendant and Appellant.

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

September 9, 2003.

Attorney(s) appearing for the Case

Kent Douglas 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, Steven D. Matthews, Supervising Deputy Attorney General, and Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, P.J.

The trial court finds that defendant was not a mentally disordered offender (MDO) at the time he committed a criminal offense. The judgment states that defendant was not an MDO at the time of his prior hearing before the Board of Prison Terms (BPT). Here we hold res judicata bars the prosecution from retrying defendant as an MDO based on the same qualifying offense.

Steven Parham appeals the judgment...

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