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PEOPLE v. GARCIA

No. E034552.

25 Cal.Rptr.3d 660 (2005)

127 Cal.App.4th 558

The PEOPLE, Plaintiff and Respondent, v. Miguel Jauregui GARCIA, Defendant and Appellant.

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

Rehearing Denied April 5, 2005.

Review Denied June 15, 2005.

Attorney(s) appearing for the Case

Susan S. Bauguess, Running Springs, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Elizabeth S. Voorhies, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

McKINSTER, Acting P.J.

In this case we hold that district attorneys are not independently empowered to initiate civil commitment proceedings under Penal Code section 2970,1 part of the Mentally Disordered Offender Act (hereafter MDO Act; § 2960 et seq.). Instead, district attorneys may only initiate such proceedings when the director of the facility or program providing the prisoner's treatment, or the Director of...

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