Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Lopez v. Superior Court, S172589

By FindLaw Staff on October 19, 2010 11:45 AM

Denial of defendant's motion to dismiss petition to extend his involuntary treatment affirmed

Lopez v. Superior Court, S172589, concerned a challenge to the court of appeals' affirmance of a trial court's denial of defendant's motion to dismiss the petition to extend his involuntary treatment.

 

In affirming, the court held that defendant could not properly challenge whether his conviction for carrying a dirk or dagger was an enumerated offense justifying his initial Mentally Disorder Offender (MDO) commitment after the first year of that commitment, as section 2966(c), section 2970, and section 2972, read individually and collectively, reveal that the Legislature intended an MDO be permitted to challenge the static factors justifying his or her commitment only during the initial one-year period of treatment, and once that period ends, the statutory language contemplates a challenge based only upon the dynamic factors justifying continued treatment.

Related Link:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options