P. v. Gonzales CA5
On June 3, 2016, appellant Emilio Rudy Gonzales was charged in a criminal complaint with elder abuse (Pen. Code, § 368, subd. (b)(1)). On December 5, 2016, pursuant to sections 1370 and 1370.1, the court ordered Gonzales committed to the Department of State Hospitals for a maximum term of three years.
On appeal, Gonzales contends the court erred when it failed to conduct a Marsden hearing. We find merit to this contention and remand for further proceedings.
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