People v. Hernandez

Opinion

DETJEN, J.

This is an. appeal from an order for recommitment of a mentally disordered offender pursuant to Penal Code sections 2970 and 2972.1 Appellant Daniel Hernandez contends the district attorney did not have statutory authority to file a petition under section 2970 for continued involuntary treatment because the medical director did not recommend recommitment and did not find him to be dangerous. We hold that the district attorney’s statutory authority to file a petition under section 2970 is not conditioned on a finding by the medical director that the prisoner is dangerous or on…