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Name: People v. Morris
Case #: D044192
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/03/2005
Subsequent History: Revw den. 5/11/05
Summary

Morris was committed as a mentally disordered offender (MDO) for a one-year term, which was spent on outpatient status, pursuant to Penal Code section 2972, subdivision (d). A year later, the prosecutor filed a petition to recommit Morris as an MDO. The trial court granted Morris’s petition to dismiss the action as it had not been filed prior to the termination of the previous one-year commitment. The prosecutor appealed. The appellate court reversed the order dismissing the action. Under section 2972, subdivision (c), time spent on outpatient status does not count toward a term of commitment under section 2972. Section 2972.1 is the controlling authority for persons who have received a year of outpatient MDO treatment. That section does not require that the prosecutor file a petition for recommitment in order to continue the involuntary treatment of an MDO. Here, Morris received no inpatient treatment during the year in question. Therefore, section 2972.1 applied, and the trial court erred in dismissing the action to continue treatment on the ground that the prosecutor had failed to timely file a recommitment petition.