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Name: People v. Cosgrove
Case #: E029528
Opinion Date: 08/06/2002
Court: CA Court of Appeal
District 4 DCA
Division: 2
Citation: 100 Cal.App.4th 1266

The trial court erred in granting the People’s request for a directed verdict in this Mentally Disordered Offender Act proceeding (Pen. Code, sec. 2962 et seq.), in violation of the statutory mandate that trial be by jury. However, the error was harmless where the unrefuted testimony of two experts that defendant met the statutory criteria.