Windham

The Board of Medical Quality Assurance (the Board) appeals from a judgment granting a peremptory writ of mandate ordering the Board to set aside and dismiss a disciplinary action against respondent, Doctor Marion Ray Windham, one of its licensees.

Facts

Respondent was graduated from medical school in 1957 and, before moving to California, had been licensed to practice medicine in Mississippi and Louisiana. He was admitted to practice in California on November 2, 1972, where he started a psychiatric residency which he completed in 1975. Since then he has engaged in private practice, specializing in the area of forensic psychiatry.

In 1973, that is after he had resided in California for some time, respondent was indicted in the United States District Court for the Southern District of Mississippi. The grand jury charged two violations of section 7201, title 26, United States Code. Count 1 pertained to the calendar year 1967, count 2 to the year 1968. The counts charged that with respect to each year respondent “did knowingly and wilfully attempt to evade and defeat a large part of the income tax due and owing by him to the United States of America. . ., by preparing and…