MERFIELD

Timothy Andrew Merfield was given the opportunity to contest the determination of the Board of Prison Terms (BPT) that he suffered from a severe mental disorder and, that as a condition of his parole, he be treated by the Department of Mental Health. (Pen. Code, § 2966, subd. (a).) He waived his right to a hearing. The time of his initial one-year commitment expired, and the BPT sought a further commitment. (§ 2966, subd. (c).) As we shall explain, the continued commitment hearing adjudicated only the criteria addressed to the current state of Merfield’s mental disorder. Once the initial commitment expired, he could not contest his mental state at the time of the commission of the underlying offense. (See People v. Francis (2002) 98 Cal.App.4th 873, 878-879 [ 120 Cal.Rptr.2d 90 ].)

FACTS AND PROCEDURAL HISTORY

Merfield filed his first petition challenging the BPT’s determination on October 4, 2004. He withdrew that petition, however, on October 19, 2004, and the court dismissed it without prejudice. At that time, the court notified Merfield that “[i]f you want to refile it within a reasonable time, . . . you can do that, but as both lawyers have indicated, after a long…