P. v. Superior Court
The People seek a writ of mandate directing respondent superior court to vacate its order dismissing a petition to commit real party in interest Sean Rutherford as a mentally disordered offender (MDO). (See Pen. Code, 2970.) Court stayed the superior courts order and asked for opposition from Rutherford. We also notified the parties we were considering the issuance of a peremptory writ in the first instance. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.) Let a peremptory writ of mandate issue directing the superior court to vacate its February 13, 2009 order dismissing the petition for involuntary treatment, and to conduct further proceedings consistent with this opinion as expeditiously as possible. This decision is final immediately as to this court. (Cal. Rules of Court, rule 8.490(b)(3).)
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