California v. M.H.
Annotate this CaseAfter defendant-appellant M.H. was convicted of a criminal offense, she was committed to the California Department of State Hospitals at Patton as a Mentally Disordered Offender (MDO) under Penal Code section 2962. While committed, M.H. petitioned under section 2966 (c) challenging her commitment and requesting appointment of counsel and a hearing. The trial court appointed counsel for defendant, and defendant requested a bench trial. Toward the beginning of the bench trial, the trial court advised defendant of her right to a jury trial under section 2966 (b), but did not advise her of her right to call, confront, or subpoena witnesses. Defendant did not object, waived her right to a jury trial, and stipulated to the trial court’s ruling on her petition based on the parties’ papers. The trial court found beyond a reasonable doubt that defendant qualified as a MDO and denied her petition. On appeal, defendant contended section 2966 (b) required the trial court to advise her of her right to call and confront witnesses and subpoena them if necessary, that the trial court erred in failing to do so, and that her trial counsel was ineffective for failing to advise her of her rights. To this the Court of Appeal disagreed and affirmed the district court.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.