People v. Pace

Opinion

YEGAN, J.

Thomas Pace appeals from a jury determination that he is a mentally disordered offender (MDO; see Pen. Code, § 2960 et seq.). The effect of this order is that he will be an “inpatient” unless the State Department of Mental Health certifies to the Board of Prison Terms that there is reasonable cause to believe appellant can be safely and effectively treated as an outpatient. (Pen. Code, § 2964, subd. (a).) He appeals contending: “I. There was insufficient evidence to support the verdict that the petitioner met the MDO criteria. []]] II. It was error for the court to allow the jury to hear evidence of the rape, as it was not the ‘controlling offense.’ ” These contentions are without merit and we affirm the judgment.

We recently held that the substantial evidence rule, restated in

People

v.

Ochoa

(1993) 6 Cal.4th 1199, 1206 [26 CaI.Rptr.2d 23, 864 P.2d 103] applies to appellate review of MDO proceedings.

(People

v.

Miller

(1994) 25 Cal.App.4th 913, 919-920 [31 Cal.Rptr.2d 4423].) When the record is viewed in this light, it is apparent that substantial evidence supports the MDO determination.

Appellant has a long criminal record and a long history of mental illness. He was convicted of rape and forcible oral copulation in 1988 and was serving a prison term therefor when he was convicted of battery upon a custodial officer in 1990. A concurrent prison sentence was imposed on the battery conviction. Prior thereto, he had been convicted of two felonious assaults and served two prison terms in Ohio.

[798]

Doctor Audrey Mertz, appellant’s treating psychiatrist at Atascadero State Hospital, testified that appellant suffered from a severe mental disorder, i.e., a schizoaffective disorder. Appellant had previously been diagnosed as a paranoid schizophrenic. He suffered from mood disturbances, delusions, grandiosity, narcissism, and hallucinations. He was an abuser of cocaine. He had attempted suicide, threatened hospital staff members, and exposed himself. He claimed to have magical powers and to be Jesus Christ.