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PEOPLE v. BURROUGHS

No. B178524.

32 Cal.Rptr.3d 729 (2005)

131 Cal.App.4th 1401

The PEOPLE, Plaintiff and Appellant, v. Dacosta BURROUGHS, Defendant and Respondent.

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

August 16, 2005.

Attorney(s) appearing for the Case

Gerald T. Shea, District Attorney, and Sandra L. Mitchell, San Luis Obispo, for Plaintiff and Appellant.

Richard B. Lennon, under appointment by the Court of Appeal, Los Angeles, for Defendant and Respondent.

COFFEE, J.

A recommitment under the mentally disordered offender (MDO) law requires proof beyond a reasonable doubt that (1) the patient has a severe mental disorder; (2) the disorder "is not in remission or cannot be kept in remission without treatment"; and (3) by reason of that disorder, the patient represents a substantial danger of physical harm to others. (Pen.Code, § 2970.)1 The Legislature has provided that a patient "`cannot...

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