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Legal Opinion

People v. KORTESMAKI

California Court of Appeal

Decided November 6, 2007No. 2d Crim. No. B196842PublishedCited by 7 opinions

1Opinion of the Court

Opinion

PERREN, J.

Danny Kortesmaki appeals the judgment (order of commitment) declaring him a mentally disordered offender (MDO) and committing him for treatment to the California Department of Mental Health as a condition of his probation. He contends his conviction for possessing flammable or combustible materials with intent to set fire to property (Pen. Code, 1 § 453, subd. (a)) did not involve force or violence or an express or implied threat thereof, as contemplated by section 2962, subdivision (e)(2)(F) and (Q). We agree that the crime did not involve the actual use of force or…

2Cases cited4 opinions

  1. People v. CollinsCalifornia Court of Appeal · 1992
  2. People v. DyerCalifornia Court of Appeal · 2002
  3. People v. MartinCalifornia Court of Appeal · 2005
  4. People v. GreenCalifornia Court of Appeal · 2006

3Cited by7 opinions

  1. People v. TatumCalifornia Court of Appeal · 2008
  2. People v. LabelleCalifornia Court of Appeal · 2010
  3. People v. TownsendCalifornia Court of Appeal · 2010
  4. People v. Castro CA2/6California Court of Appeal · 2015
  5. People v. Pierre R.California Court of Appeal · 2019

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