P. v. McDonough 6/7/11 CA4/3

State: California

Court: California Eastern District Court

Docket No: G042711

Case Date: 06/29/2011

Plaintiff: P.

Defendant: McDonough 6/7/11 CA4/3

Preview:Filed 6/7/11 Certified for publication 6/29/11 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. MARIE CHANTAL MCDONOUGH, Defendant and Appellant. G042711 (Super. Ct. No. 98NF3762) OPINION

Appeal from an order of the Superior Court of Orange County, M. Marc Kelly, Judge. Reversed and remanded. Harry Zimmerman, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew R. Fishler and Kevin Bayley for Disability Rights California as Amicus Curiae on behalf of Defendant and Appellant. Edmund G. Brown, Jr., and Kamala D. Harris, Attorneys General, Gary W. Schons, Assistant Attorney General, Eric Swenson and Robin Derman, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Marie Chantal McDonough was committed to a state hospital in 2000, after having been found not guilty of by reason of insanity in a felony prosecution. In 2008, the director of the Metropolitan State Hospital (MSH) filed a semi-annual interval report (Pen. Code,

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