PEOPLE v. SHEEK

No. E034840.

19 Cal.Rptr.3d 737 (2004)

122 Cal.App.4th 1606

The PEOPLE, Plaintiff and Appellant, v. Billy SHEEK, Defendant and Respondent.

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

October 14, 2004.


Attorney(s) appearing for the Case

Michael A. Ramos, District Attorney, Grover D. Merritt, Lead Deputy District Attorney, Mary L. Andonov and Diane Harrison, Deputy District Attorneys, for Plaintiff and Appellant.

Gerald J. Miller, by appointment of the Court of Appeal, Los Angeles, for Defendant and Respondent.


OPINION

HOLLENHORST, Acting P.J.

The People contend that the trial court lacked jurisdiction to grant defendant's Penal Code1 section 2966, subdivision (b), petition on the ground of insufficiency of evidence without conducting a jury trial and erred as a matter of law in granting the petition.

FACTS AND PROCEDURAL BACKGROUND

Petitioner filed a petition under section 2966, subdivision (b) challenging...

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