Valdez

Angel Valdez appeals from his involuntary commitment as a mentally disordered offender (MDO) under Penal Code section 2960 et seq. He contends the evidence was insufficient to prove three of the five criteria required for an MDO commitment because (1) his underlying conviction of sexual battery under section 243.4 did not involve force or violence and did not otherwise qualify as an MDO offense; (2) his mental illness was not an aggravating factor in that underlying offense; and (3) he did not present a substantial danger of physical harm to others. We reject these claims and affirm the judgment.

Background

Appellant molested his five-year-old niece in 1997. He was convicted of sexual battery under section 243.4 and was sentenced to three years in prison. While serving his sentence, he exhibited several signs of mental illness, including depression, delusional thoughts, social withdrawal and auditory hallucinations. He was transferred to Atascadero State Hospital (ASH) for more intensive psychiatric care and was diagnosed as suffering from schizoaffective disorder, bipolar type. The Board of Prison Terms certified appellant as an MDO, and the trial court confirmed his…