People v. Superior Court

INTRODUCTION

Real party in interest George Bradie Salter, Jr. (Salter), pled no contest to attempted murder (Pen. Code, 1 §§ 187, 664) based upon his actions in kidnapping his girlfriend, stabbing her in the face and cutting her throat. He was sentenced to prison for 10 years and was paroled in 2007. In 2008, Salter was returned to prison for a parole violation after exposing himself to two teenage girls. While in prison, he was identified as a potential mentally disordered offender (MDO) and sent to Atascadero State Hospital (Atascadero). Based upon the recommendation of Atascadero’s medical director, the People filed a petition for involuntary treatment (§ 2970), seeking to extend Salter’s commitment. Salter successfully moved to dismiss the People’s petition after another doctor at Atascadero recommended against continued commitment.

We are now called upon to determine whether the trial court erred in granting Salter’s motion to dismiss the People’s petition for involuntary treatment. We conclude the trial court erred and therefore grant the People’s petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

On March 30, 2010, while Salter was confined at…