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PEOPLE v. GRAM

Nos. C061723, C063589.

202 Cal.App.4th 1125 (2012)

135 Cal. Rptr. 3d 914

THE PEOPLE, Plaintiff and Respondent, v. CAREY LEWAN GRAM, Defendant and Appellant.

Court of Appeals of California, Third District.

January 19, 2012.

Attorney(s) appearing for the Case

Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French, Elizabeth A. Linton and Robert C. Nash, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BLEASE, J.—

This case tenders an issue concerning the appropriate procedure for challenging the administrative placement of a mentally disordered offender (MDO) who is recommitted to a facility under the jurisdiction of the Department of Corrections and Rehabilitation (CDCR) rather than to Napa State Hospital. We shall conclude that the appropriate procedure for testing the administrative placement of an MDO is a writ of habeas...

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