People v. Sheek

Opinion

HOLLENHORST, Acting P. J.

The People contend that the trial court lacked jurisdiction to grant defendant’s Penal Code 1 section 2966, subdivision (b), petition on the ground of insufficiency of evidence without conducting a jury trial and erred as a matter of law in granting the petition.

FACTS AND PROCEDURAL BACKGROUND

Petitioner filed a petition under section 2966, subdivision (b) challenging the Board of Prison Terms’ certification that he met all six criteria for commitment for treatment as a condition of parole under the Mentally Disordered Offender Act (MDO Act, § 2960 et seq.).…