People v. Valdez

Opinion

COFFEE, J.

Angel Valdez appeals from his involuntary commitment as a mentally disordered offender (MDO) under Penal Code section 2960 et seq.

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He contends the evidence was insufficient to prove three of the five criteria required for an MDO commitment because (1) his underlying conviction of sexual battery under section 243.4 did not involve force or violence and did not otherwise qualify as an MDO offense; (2) his mental illness was not an aggravating factor in that underlying offense; and (3) he did not present a substantial danger of physical harm to others. We reject these claims and affirm the judgment.

Background

Appellant molested his five-year-old niece in 1997. He was convicted of sexual battery under section 243.4 and was sentenced to three years in prison. While serving his sentence, he exhibited several signs of mental illness, including depression, delusional thoughts, social withdrawal and auditory hallucinations. He was transferred to Atascadero State Hospital

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(ASH) for more intensive psychiatric care and was diagnosed as suffering from schizoaffective disorder, bipolar type. The Board of Prison Terms certified appellant as an MDO, and the trial court confirmed his status after a hearing under section 2966.

Discussion

Crime of Force or Violence

The MDO statutes apply only to defendants who are serving prison sentences for crimes contained in section 2962, subdivision (e). That subdivision lists several specific crimes, and additionally provides that “[a] crime not enumerated ... in which the prisoner used force or violence . . .” is a qualifying offense. (§ 2962, subd. (e)(2)(F).) Sexual battery under section 243.4

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is not an enumerated MDO offense, but the trial court determined that appellant’s conviction qualified because it involved the use of force or violence. Appellant argues this finding was unsupported by the evidence.