People v. Gerard

*244 The People appeal a judgment entered after the trial court granted John Gerard's motion for judgment. The court concluded Gerard could not be certified as a mentally disordered offender (MDO) because the Board of Parole Hearings (Board) did not obtain a timely MDO evaluation. (Pen.Code, § 2962 et seq. ) We conclude, among other things, that the Board properly placed a hold on Gerard's release from prison to allow time for an MDO evaluation. The Board's actions were consistent with its authority pursuant to section 2963 and did not require a written order to detain. We reverse.

FACTS AND…