P. v. Watson 1/18/05 CA2/6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B172763M

Case Date: 03/30/2005

Preview:Filed 1/18/05

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. JOEY R. WATSON, Defendant and Appellant. 2d Crim. No. B172763 (Super. Ct. No. F340614) (San Luis Obispo County) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT: It is ordered that the opinion filed herein on December 20, 2004, be modified as follows: On page 6 at the end of the second full paragraph ending with the citation to People v. Superior Court (Ortiz), insert the following: Rehearing on Department's Regulations In a petition for rehearing, respondent asks us to consider two Department of Corrections regulations that conflict with our interpretation of sections 2684 and 4504, subvdivision (b). One regulation provides, "Inmates and parolees housed in Department of Mental Health hospitals [pursuant to section 2684] remain under the jurisdiction of the department and shall not be permitted to leave the hospital grounds without the specific authorization of the director." (Cal. Admin. Code, tit. 15,

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