P. v. Simmons
Filed 4/26/06 P. v. Simmons CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MARK STEVEN SIMMONS, Defendant and Appellant. | H028499 (Santa Clara County Super.Ct.No. E9909752) |
By statute California courts may order treatment for some mentally disordered offenders (MDO) beyond the time they would otherwise be released from incarceration for their underlying crimes. One qualification for treatment is that the underlying crime be among those listed or described in Penal Code section 2962, subdivision (e)(2).[1] As this court explained in a prior opinion (People v. Simmons (Aug. 25, 2004, H026672) [nonpub. opn.]), defendant Mark Simmons's 1999 convictions of two counts of lewd and lascivious acts upon a 14-year-old female when he was 39 years old (§ 288, subd. (c)(1)) only qualify as treatable crimes if they involved either â€
