People v. Bell
Opinion
Opinion
Stone, J.
Winfred Bell appeals from the order extending his commitment to the Department of Mental Health after a jury found that he continued to be a mentally disordered offender (MDO). (Pen. Code, §§ 2962, 2966, subd. (c).) He contends: “I. The trial court erred in failing to correctly instruct on the time parameter for proof of the MDO criteria and its error was prejudicial. II. The trial court committed reversible error in allowing the prosecution’s expert to testify to an opinion by an out of court doctor.”
The record reflects that, on March 26, 1991, appellant was sentenced to a prison term of three years after he was convicted of willfully inflicting corporal injury on his spouse (Pen. Code, § 273.5). On May 26, 1992, the Board of Prison Terms (BPT) found appellant to be an MDO (Pen. Code, § 2962) and he was placed on parole with the condition that he be committed to the Department of Mental Health for treatment.
After the BPT extended his commitment at a hearing held on June 2, 1993, appellant filed a petition requesting a hearing before a jury to determine whether he still came within the MDO criteria. (Pen. Code, § 2966, subd. (b).)