Opinion
NOT TO BE PUBLISHED
ORIGINAL PROCEEDINGS; petition for writ of mandate..No.RIF10004953 Christian F. Thierbach, Judge.
Gary Windom, Public Defender, and Ryan E. Hart, Deputy Public Defender, for Defendant and Petitioner.
Paul Zellerbach, District Attorney, and Ivy B. Fitzpatrick, Deputy District Attorney, for Plaintiff and Respondent.
CODRINGTON Acting P. J.
The court has read and considered the petition for supersedeas and the informal response filed by the district attorney. The district attorney concedes petitioner is entitled to relief on the merits. Accordingly, we treat the petition for writ of supersedeas as a petition for writ of mandate and issue a peremptory writ in the first instance.
Let a peremptory writ of mandate issue directing the Superior Court of Riverside County to set aside its order authorizing the use of antipsychotropic medication to treat petitioner. The court is further directed to hold a new hearing pursuant to Penal code section 1370 and make appropriate findings under Sell v. United States (2003) 539 U.S. 166; People v. Christiana (2010) 190 Cal.App.4th 1040.
Petitioner is directed to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.
We concur: McKINSTER J, . KING J.