California, United States of America
The following excerpt is from People v. Pierre R., 254 Cal.Rptr.3d 843, 42 Cal.App.5th 165 (Cal. App. 2019):
More troubling is the majoritys statement that "[a]ppellant cites no authority that the treatment for schizophrenia is not substantially the same as schizoaffective disorder" or that his diagnosis did not change "during the 90-day treatment period." (Maj. opn. ante , at p. 847.) This turns the burden of proof on its head. It is the prosecutions burden to prove that the six criteria of Penal Code section 2962 have been satisfied; not appellants burden to prove otherwise. ( People v. Sheek (2004) 122 Cal.App.4th 1606, 1611, 19 Cal.Rptr.3d 737.)
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