The People v. Mackey CA4/1
Opinion
Opinion
INTRODUCTION
David Ernest Mackey appeals from an order extending his commitment to the
State Department of State Hospitals, formerly the Department of Mental Health
(Department), as a mentally disordered offender (MDO) (Pen. Code,1 § 2960 et seq.).
He contends we must set aside the order because there is insufficient evidence he poses a
substantial risk of physical harm to others. We disagree and affirm the order.
BACKGROUND
People's Evidence
In November 2011, after a lengthy period of incarceration and parole for forcible
rape (§ 261, subd. (a)(2)), Mackey was committed to the Department as an MDO. In July
2012, the People petitioned to extend Mackey's commitment for an additional year.
Mackey's prior criminal history includes a commitment in 1974 to the California
Youth Authority for rape, charges in 1977 for rape and sodomy upon a person under the
age of 14, and a charge in 1981 for assault with intent to commit rape. He committed the
forcible rape offense underlying his present commitment one day after being released
from prison.
As described by the People's witnesses, the facts of the forcible rape offense were: