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CA case, need clarification regarding PC 1368 proceedings

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and direct appeal. Please respond...
CA case, need clarification regarding PC 1368 proceedings and direct appeal. Please respond if you are familiar with 1368 proceedings. Thank you!
Submitted: 2 years ago.Category: Criminal Law
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Answered in 6 hours by:
12/2/2015
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,728
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

Please provide some background and ask your question relating to competency issues.

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Customer reply replied 2 years ago
1368 proceeding had a 1369 bench trial and the person was sentenced to 4 years to a state mental hospital. The defendant appealed the sentencing and a direct appeal lawyer was assigned and shortly thereafter the defendant was actually released by the hospital prior to the appeal concluding so the appellate attorney wrote a wendy brief stating the appellant had been released and there were no issues. The state came back and re-tried the appellant on the same charges. Is there a double jeopardy issue here since the case was assigned to a direct appeal lawyer to appeal the commitment to a state hospital for 4 years which is one year longer than any evaluation period by statute?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Thanks for the reply and sorry for the delay.

I think I am going to opt out of this question which I see now definitely requires a California lawyer. No need for you to hand around the computer. You'll be notified by email when another expert requires.

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Customer reply replied 2 years ago
Thank you!
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