Lin

People v. Lin

Good Law
223 Cal. Rptr. 3d 699
Court of Appeal of CaliforniaSeptember 28, 20172d Crim. No. B278102California1,891 words

Opinion

lead Opinion

Gilbert, J.

People v. Sanchez (2016) 63 Cal.4th 665 , 204 Cal.Rptr.3d 102 , 374 P.3d 320 holds that an expert's hearsay statements to prove a defendant's gang membership are inadmissible hearsay. This paradigm change in the law is far reaching and extends beyond the scope of criminal law. Here we conclude that Sanchez applies to cases involving commitments of mentally disordered offenders (MDO).

Michael Lin appeals an order determining him to be an MDO and committing him to the State Department of State Hospitals *700 for involuntary treatment. ( Pen. Code, § 2962 et seq. ) 1 We reverse.

FACTUAL AND PROCEDURAL HISTORY

On June 8, 2015, Lin pleaded nolo contendere to one count of assault with a deadly weapon. (§ 245, subd. (a)(1).) The circumstances of the criminal offense concerned Lin confronting police officers and brandishing a bow and arrow. Following Lin's plea, the Los Angeles County trial court sentenced him to a three-year prison term.

On May 26, 2016, the Board of Parole Hearings (Board) determined that Lin was an MDO pursuant to the criteria of section 2962. As a condition of parole, the Board required Lin to accept treatment from the State Department of State Hospitals. On May…

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