P.

Facts and Procedural History On August 27, 2011, appellant was convicted of assault with a deadly weapon on an officer and sentenced to state prison. (§ 245, subd. (a)(1)) A year later, the Board of Parole Hearings (BPH) determined that appellant was an MDO. Appellant filed

1 All statutory references are to the Penal Code unless otherwise stated. Under the MDO Act, six criteria must be met to commit a prisoner as an MDO. (§ 2962, subds. (a)- (d)(1).) One of those criteria is that the prisoner must have been "in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner's parole or release." (§ 2962, subd. (c).) 1 a superior court petition challenging the MDO determination and waived jury trial. (§ 2966, subd. (b).) Doctor Kevin Perry testified that appellant suffered from a severe mental disorder, schizophrenia, paranoid type, manifested by persecutorial delusions, auditory hallucinations, and paranoid beliefs that the FBI controlled him and people were poisoning his food. Appellant had a long history of mental health problems dating back to 1984 when he was admitted to Metropolitan State Hospital. From 1986 through 1993, he was…