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Lopez v. Superior Court, S172589

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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.

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