Amonson

People v. Amonson

Good Law
114 Cal. App. 4th 463·2003 Cal. App. LEXIS 1860·2003 Daily Journal DAR 13673·7 Cal. Rptr. 3d 831·2003 Cal. Daily Op. Serv. 10885
Court of Appeal of CaliforniaDecember 16, 2003C043461California3,557 words

Opinion

Opinion

Raye, J.

Defendant Dennis Steven Amonson drove his car across a double yellow line and collided with an oncoming car, killing its two occupants and injuring himself and his passenger. He was charged with two counts of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) and one count of causing injury while driving under the influence of drugs (Veh. Code, § 23153, subd. (a)). Multiple-victim enhancements (Veh. Code, § 23558) and great bodily injury enhancements (Pen. Code, § 12022.7, subd. (a)) were alleged.

Proceedings were suspended and defendant was found not competent to stand trial. (§ 1368.) Following evaluations and a hearing, he was placed at Porterville Developmental Center (Porterville) for 180 days pursuant to sections 1600 and 1601, subdivision (a).

On appeal, defendant contends (1) the statutory scheme for the developmentally disabled does not require a 180-day period of treatment in a locked facility such as Porterville, and (2) if the scheme does require confinement, it is constitutionally unreasonable pursuant to Jackson v. Indiana (1972) 406 U.S. 715 [ 32 L.Ed.2d 435 , 92 S.Ct. 1845 ] (Jackson). We shall affirm the judgment.

FACTUAL…

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