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P. v. Soiu

P. v. Soiu
06:10:2006

P. v. Soiu


Filed 6/8/06 P. v. Soiu CA2/3


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



SECOND APPELLATE DISTRICT



DIVISION THREE










THE PEOPLE,


Plaintiff and Respondent,


v.


DANTE SOIU,


Defendant and Appellant.



B180469


(Los Angeles County


Super. Ct. No. ZM006038)



APPEAL from an order of the Superior Court of Los Angeles County,


John S. Wiley, Jr., Judge. Affirmed.


Paul Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant.


Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Margaret E. Maxwell and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.


_________________________


Dante Soiu appeals an order extending for two years his commitment to the Department of Mental Health as criminally insane after having been found not guilty by reason of insanity of the crime of stalking in violation of Penal Code section 646.9. (Pen. Code, § 1026.5, subd. (b).)[1] We affirm the order.


BACKGROUND


1. The petition to extend Soiu's commitment.


In January of 2001, the trial court sitting without a jury found Soiu guilty of stalking actress Gwyneth Paltrow. (§ 646.9.) The trial court also found Soiu not guilty by reason of insanity (NGI) and committed Soiu to the Department of Mental Health for three years.


In 2003, the People filed a petition to extend Soiu's commitment. Attached to the


petition was the affidavit of the Medical Director of Metropolitan State Hospital which expressed the opinion that, by reason of mental disease, defect, or disorder, Soiu represents a substantial danger of physical harm to others.


A report submitted pursuant to section 1026.5, subdivision (b), dated November 26, 2002, indicated Soiu has a â€





Description A decision regarding extending commitment to the Department of Mental Health as criminally insane after having been found not guilty by reason of insanity of the crime of stalking in violation of Penal Code section 646.9.
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