Noble

Eric Lance Noble (defendant) appeals the judgment, by jury, extending his commitment as a mentally disordered offender (MDO) for one year, pursuant to Penal Code sections 2970 and 2972. He contends the petition to extend his MDO commitment was untimely filed and that the trial court erred in its instructions concerning the effect of medication on his status as an MDO. We conclude the petition was timely filed, but agree that the trial court prejudicially erred when it allocated to defendant the burden to prove by a preponderance of the evidence that, as a result of medication, his mental disorder is in remission and he is not dangerous to others. Accordingly, we reverse.

Facts and Procedural History

Defendant was convicted of a felony assault in 1993 and was granted probation. In 1995, he was sentenced to state prison after violating the terms of his probation. Two years later he was certified an MDO and admitted to Atascadero State Hospital where he has complied with his treatment plan by, among other things, taking the medications prescribed for him. However, he was argumentative, angry and at times violent toward staff and other patients. Defendant stipulated to the…