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HOFFMAN v. SUPERIOR COURT

Docket No. 24472.

122 Cal.App.3d 715 (1981)

177 Cal. Rptr. 868

RICHARD ALAN HOFFMAN, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

July 24, 1981.

Attorney(s) appearing for the Case

COUNSEL

M. Lynn Mayo and Frank X. Nageotte for Petitioner.

Quin Denvir, State Public Defender, Paul Bell and Jeffrey J. Stuetz, Deputy State Public Defenders, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman, Thomas F. McArdle and James E. Hamilton, Deputy District Attorneys, for Real Party in Interest.

OPINION

STANIFORTH, J.

Petitioner seeks a writ of prohibition to prevent any further proceedings to determine whether he is a mentally disordered sex offender (MDSO). He contends no statutory authorization exists for the procedures the trial court has followed here, and also, principles analogous to the defense of former jeopardy preclude redetermination of his MDSO status because he was found not to be an MDSO shortly before these...

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