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PEOPLE v. SUDAR

No. A115464.

70 Cal.Rptr.3d 190 (2007)

158 Cal.App.4th 655

The PEOPLE, Plaintiff and Respondent, v. David Wayne SUDAR, Defendant and Appellant.

Court of Appeal of California, First District, Division Two.

December 18, 2007.

Attorney(s) appearing for the Case

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Asst. Atty, Gen., Gerald A. Engler, Asst. Atty. Gen., Stan

Helfman and Sharon G. Birenbaum, Deputy Attys. Gen., for Plaintiff and Respondent.

Matthew Zwerling, under appointment by the Court of Appeal, for Defendant and Appellant.

Certified for Partial Publication.*

KLINE, P.J.

David Wayne Sudar appeals from an order extending his commitment to Napa State Hospital under Penal Code section 1026.5, subdivision (b).. He contends his constitutional right to due process was violated by the trial court's failure to instruct the jury that the prosecution was required to prove he had "serious difficulty controlling his dangerous behavior." He further contends the...

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