The People v. Mackey CA4/1

Good Law
Court of Appeal of CaliforniaSeptember 17, 2013D063339California1,942 words

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:

Mackey entered the…

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