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PEOPLE v. GREGERSON

No. G044661.

202 Cal.App.4th 306 (2011)

135 Cal. Rptr. 3d 188

THE PEOPLE, Plaintiff and Respondent, v. JACK ALLAN GREGERSON, Defendant and Appellant.

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

December 22, 2011.

Attorney(s) appearing for the Case

Rudy Kraft , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Barry Carlton , Anne F. Fraser and Felicity Senoski , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

IKOLA, J.—

Appellant Jack Allan Gregerson, an involuntarily committed mentally disordered offender (MDO), appeals from an order declining to place him in outpatient treatment pursuant to Penal Code section 2972, subdivision (d). He asserts the court wrongly placed the burden of proof on him, and wrongly required him to show the appropriateness of outpatient treatment by a preponderance of the evidence.

We hold the patient...

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