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IN RE MH 2008-002393

No. 1 CA-MH 08-0071.

221 P.3d 1054 (2009)

In re MH 2008-002393.

Court of Appeals of Arizona, Division 1, Department B.

December 17, 2009.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney By Anne C. Longo, Deputy County Attorney, Bruce P. White, Deputy County Attorney, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Tennie B. Martin, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

DOWNIE, Judge.

¶ 1 Appellant seeks reversal of the superior court's order for involuntary mental health treatment. For the following reasons, we affirm and hold that the remedy for a patient held for evaluation in excess of statutory timeframes is to seek release during the period of illegal detention, not dismissal of a subsequently filed involuntary treatment proceeding that complies with legal requirements.

FACTUAL AND PROCEDURAL...

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