Legal Opinion

People v. Lin

California Court of Appeal, 5th District

Decided September 28, 2017No. 2d Crim. No. B278102Published

1Opinion of the CourtGilbert, P.J.

People v. Sanchez (2016) 63 Cal.4th 665, 204 Cal.Rptr.3d 102, 374 P.3d 320 holds that an expert's hearsay statements to prove a defendant's gang membership are inadmissible hearsay. This paradigm change in the law is far reaching and extends beyond the scope of criminal law. Here we conclude that Sanchez applies to cases involving commitments of mentally disordered offenders (MDO).

Michael Lin appeals an order determining him to be an MDO and committing him to the State Department of State Hospitals *700for involuntary treatment. ( Pen. Code, § 2962 et seq. )1 We reverse.

FACTUAL AND PROCEDURAL…

2Cases cited11 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. SanchezCalifornia Supreme Court · 2016
  3. People v. Romero and SelfCalifornia Supreme Court · 2015
  4. People v. BlackburnCalifornia Supreme Court · 2015
  5. People v. SivongxxayCalifornia Supreme Court · 2017

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