Coronado

Conrad Coronado appeals from a court trial determination that he is a mentally disordered offender. (MDO; Pen. Code, § 2960 et seq.) He contends: “I. There was insufficient evidence to support the court’s finding that the MDO criteria had been proven. II. Granting a petition releasing the appellant from confinement as an MDO prevented the Board of Prison Terms from re-certifying him an MDO at a later date for the same committing felony sentence.”

We view the evidence in the light most favorable to the order here under review. (People v. Miller (1994) 25 Cal.App.4th 913, 919-920 [ 31 Cal.Rptr.2d 423 ]; see also People v. Ochoa (1994) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ].) Appellant was convicted of battery upon a peace officer (Pen. Code, § 243) and was sentenced to state prison for an aggregate unstayed term of 16 months. Prior to scheduled release date on parole, February 19, 1991, the chief psychiatrist certified that appellant was an MDO. Appellant petitioned the superior court for relief and counsel was appointed to represent him. (People v. Coronado (Super. Ct. San Luis Obispo County, 1991, No. PC-211).) At the time of the hearing, May 30, 1991,…