Fernandez
People v. Fernandez
Opinion
Opinion
Cottle, J.
J.Defendant Mario Nolasco Fernandez appeals from the order extending his commitment as a mentally disordered offender (MDO) pursuant to section 2970 of the Penal Code. He contends that the violation of certain time limits set forth in sections 2970 and 2972 resulted in an invalid extension of his commitment. We affirm.
I. Factual and Procedural Background
A. The Underlying Offense
On October 31, 1991, defendant pled guilty to one count of lewd and lascivious conduct upon a child (§ 288, subd. (a)), with enhancements under section 1203.066, former subdivision (a)(8) (substantial sexual conduct with victim under age 11) and subdivision (a)(9) (substantial sexual conduct and position of special trust with victim). Defendant was 20 years old at the time of the offense, and the victim was his 7-year-old sister.
B. Sentencing, Custody and Parole
On December 3, 1991, defendant was sentenced to a term of three years, with a recommended placement at California Youth Authority (CYA). CYA rejected him and recommended placement at a 24-hour psychiatric medical facility. Defendant was sent to San Quentin for processing and later to California Men’s Colony, San Luis Obispo.