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P. v. Kerbs

P. v. Kerbs
06:13:2006

P. v. Kerbs


Filed 6/7/06 P. v. Kerbs CA1/2


Opinion following rehearing










NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



FIRST APPELLATE DISTRICT



DIVISION TWO










THE PEOPLE,


Plaintiff and Respondent,


v.


DANNY REUBEN KERBS,


Defendant and Appellant.



A110459


(Sonoma County


Super. Ct. No. 25640)



INTRODUCTION


Appellant Danny Reuben Kerbs appeals from the extension of his civil commitment pursuant to Penal Code section 1026.5, subdivision (b).[1] Appellant argues that the jury instruction used in his civil commitment trial lacked an additional element now required pursuant to the California Supreme Court's decision in In re Howard N. (2005) 35 Cal.4th 117, 132 (Howard N.); specifically, that the person subject to commitment have â€





Description A decision regarding extension of civil commitment pursuant to Penal Code section 1026.5, subdivision (b).
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