Collins

Collins appeals from his involuntary commitment as a mentally disordered offender (MDO) following a unanimous jury finding that he meets the criteria of Penal Code section 2962. He contends: “I. The trial court erred in giving special instruction No. 1 and CALJIC 2.90 as modified and its error was prejudicial. II. The trial court erred in instruction with CALJIC 16.141 that force or violence was battery and its error was prejudicial. III. The trial court erred in failing to give a modified version of CALJIC 2.01 sua sponte and its error was prejudicial with respect to the remission criterion. IV. No substantial evidence supports the verdict with respect to the force or violence criterion and the judgment must therefore be reversed.” Appellant’s first and second contentions are meritorious and we reverse.

Appellant was convicted of grand theft from the person (§ 487, subd. 2) on January 7,1988. He was entitled to be released on parole on May 9, 1991. The Board of Prison Terms found that he met the MDO criteria and ordered him committed to Atascadero State Hospital for treatment during his parole period. (§ 2966, subd. (a).) Appellant disagreed and filed a petition for…