People v. Butler
Opinion
Opinion
Coffee, J.
Kevin Butler appeals from his commitment as a mentally disordered offender (MDO) under Penal Code section 2962. He argues that his conviction for stalking under section 646.9 was not an MDO offense because it did not involve “force or violence,” and that the evidence introduced at his court trial was insufficient to prove he suffered from a “severe mental disorder.” We affirm.
Facts
In February of 1995, appellant was arrested for corporal injury on a cohabitant after “beating” his girlfriend. While in custody, he called his girlfriend and threatened to kill her and members of her family. He also told her he would bum her house down. After his release, he went to her place of employment several times and threatened her. He was arrested while following her in his car and was convicted of stalking under section 646.9, subdivision (a).
While serving his prison sentence for this offense, appellant was diagnosed as suffering from a bipolar disorder. He was placed in an inpatient unit in August of 1997 because he had suicidal thoughts stemming from his depression. The Board of Prison Terms (BPT) certified him as an MDO on February 24, 1998. (§ 2966, subd. (a).)