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People v. Smith10/6/2004
g Smith, which are part of this record. In those cases, Judge Staffel expressly found that Smith's release under section 2972, subdivision (d) was not appropriate and that a confined setting was required to keep him from being a danger to others. The record establishes that the trial judge was well aware of his discretion to order outpatient placement.
In this proceeding, expert testimony and a letter from Patton establish that even with intensive intervention and assistance, Smith would not be able to function as an outpatient at this time. There is no requirement that the court make an express statement that outpatient treatment is inappropriate. We presume that the court considered the evidence and determined that outpatient status is inappropriate. (Evid.Code, § 664; see generally People v. Young (1991) 228 Cal.App.3d 171, 186.)
The judgment is affirmed.
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