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Name: People v. Martin
Case #: B175517
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/24/2005

For purposes of the Mentally Disordered Offender statutes, treatment received in a county jail facility before conviction may be considered in determining whether the defendant has received the required 90 days of treatment. The court distinguished cases holding that out-patient treatment was not sufficient under the MDO act, holding that consideration of county jail treatment was consistent with the purposes of the act and not unfair to the defendant. The court further held that the testifying experts could properly rely on probation reports in testifying as to the violent or forceful nature of the offense.