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LOPEZ v. SUPERIOR COURT

No. G040679.

173 Cal.App.4th 266 (2009)

___ Cal.Rptr.3d ___

DANIEL LOPEZ, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

April 23, 2009.

Attorney(s) appearing for the Case

Doreen Boxer, Public Defender, Lyly Brantley and Pamela P. King, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Michael A. Ramos, District Attorney, Grover D. Merritt and Grace B. Parsons, Deputy District Attorneys, for Real Party in Interest.

OPINION

IKOLA, J.—

Petitioner Daniel Lopez seeks a writ of mandate directing the superior court (1) to vacate its order denying his motion to dismiss the People's petition under Penal Code section 2970, and (2) to address the merits of his motion to dismiss.1 The People's section 2970 petition sought to extend Lopez's commitment to a state hospital as a mentally disordered offender (MDO) for an additional...

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