McQUARTERS v. SUPERIOR COURT

No. A112669.

42 Cal.Rptr.3d 292 (2006)

Elton McQUARTERS, Petitioner, v. The SUPERIOR COURT of Alameda County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

April 27, 2006.


Attorney(s) appearing for the Case

Diane A. Bellas, Public Defender, Harold Friedman, Chief Assistant Public Defender, Charles M. Denton, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, René A. Chacón, Supervising Deputy Attorney General, for Real Party in Interest.


SIGGINS, J.

Petitioner Elton McQuarters was convicted in 1991 of a felony violation of Penal Code section 245, subdivision (a)(2)1 and sentenced to 13 years imprisonment. He remains in state custody, ostensibly pursuant to the provisions of section 2970 et seq., that provide for the continued involuntary treatment of prisoners with a "severe mental disorder [which is] not in remission or cannot be kept in remission if the person's treatment...

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