California, United States of America
The following excerpt is from People v. Noonkester, C052922 (Cal. App. 5/22/2007), C052922 (Cal. App. 2007):
Before addressing the issue defendant raises on appeal, we note that, in framing his argument, defendant sets forth the elements of proof applicable to an extended commitment as "(1) [defendant] had two qualifying priors, (2) [defendant] had a diagnosable mental disorder, and (3) his disorder made it more likely than not that he would engage in sexually violent conduct if released," citing People v. Iran (1999) 74 Cal.App.3d 826, 830 (the correct cite is People v. Poe (1999) 74 Cal.App.4th 826). By relying on this authority, defendant has misstated the elements of proof required of the People.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.