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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3151
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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CA case, need clarification regarding PC 1368 proceedings

Customer Question

CA case, need clarification regarding PC 1368 proceedings and direct appeal. Please respond if you are familiar with 1368 proceedings. Thank you!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


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

Customer: replied 1 year 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?
Expert:  Zoey_ JD replied 1 year 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.

Customer: replied 1 year ago.
Thank you!