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PEOPLE v. ALLEN

No. H027835.

39 Cal.Rptr.3d 92 (2006)

The PEOPLE, Plaintiff and Respondent, v. Gregory Sean ALLEN, Defendant and Appellant.

Court of Appeals of California, Sixth District.

February 8, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Ralph Sivilla, Deputy Attorney General, Attorneys for Respondent.

Michael Kresser, Under Appointment by the Sixth District, Appellate Program, Santa Clara, Attorney for Appellant.

MIHARA, J.

Defendant Gregory Sean Allen challenges the trial court's August 2004 order purportedly extending from October 14, 2003 to October 14, 2004 his commitment as a mentally disordered offender (MDO). Allen claims that the trial court lacked jurisdiction to issue this order because no petition was filed seeking an extension of his commitment prior to the termination of his prior commitment. He alternatively claims that his right to due process was violated by...

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