People v. Burroughs
California Court of Appeal
1DissentYegan, Acting P. J.
— I respectfully dissent. In mentally disordered offender (MDO) law, “[t]he term ‘remission’ means a finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support.” (Pen. Code, § 2962, subd. (a).)1 The majority hold that if an MDO has been physically violent during the year period before a recommitment determination is made, the trial court is automatically required to find that he is not in remission within the meaning of section 2962 subdivision (a). As I shall explain, this holding makes section 2962…
2Cases cited11 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- United States v. BassSupreme Court of the United States · 1971
- In Re QawiCalifornia Supreme Court · 2004
- People v. RoderCalifornia Supreme Court · 1983
- People v. Howard N.California Supreme Court · 2005
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