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PEOPLE v. MARCHMAN

No. C048996.

51 Cal.Rptr.3d 369 (2006)

145 Cal.App.4th 79

The PEOPLE, Plaintiff and Respondent, v. Darrell Keith MARCHMAN, Defendant and Appellant.

Court of Appeal of California, Third District.

November 27, 2006.

Attorney(s) appearing for the Case

Paul Bernstein, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and Julie A. Hokans, Deputy Attorneys General, for Plaintiff and Respondent.

BUTZ, J.

Defendant Darrell Keith Marchman was committed for an additional year of involuntary mental health treatment under the Mentally Disordered Offender Act (hereafter MDO Act), Penal Code section 2960 et seq.1 He appeals contending, inter aha, that the trial court erred in denying his motion to dismiss the recommitment petition. He asserts that, under the MDO Act, the district attorney has no authority to file a petition unless the...

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