What is the burden of proof against a defendant who has been diagnosed with schizoaffective disorder?

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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