Francis

Appellant Christopher Francis appeals from the order of the trial court committing him to Atascadero State Hospital (ASH) as a mentally disordered offender (MDO). (Pen. Code, §§ 2962, 2966.) He claims that double jeopardy and res judicata bar the relitigation of his mental state, which was the subject of a prior MDO proceeding. We reverse.

Facts

Appellant was serving a prison term for burglary. While receiving psychiatric care, a team of correctional officers ordered him to leave his cell. He refused, and the officers entered and attempted to put him in restraints. Appellant became combative and placed one of the officers in a headlock. The team removed appellant, put him in restraints and administered psychotropic medication. He was subsequently convicted of battery upon a peace officer (the underlying offense) and sentenced to 16 months in state prison. (§ 243, subd. (c)) Before he was to be released on parole, the Board of Prison Terms (BPT) certified him as an MDO.

July 1999 MDO Proceeding

Appellant filed a petition under section 2966, subdivision (b) to determine whether he met the criteria for treatment as an MDO. He waived a jury trial and the matter was…