Townsend

People v. Townsend

Good Law
106 Cal. Rptr. 3d 454·182 Cal. App. 4th 1151·2010 Cal. App. LEXIS 338
Court of Appeal of CaliforniaMarch 15, 2010B216325California1,573 words

Opinion

Opinion

Gilbert, J.

Here we conclude possession of a “Molotov cocktail” is an offense involving an implied threat to use force or violence under the Mentally Disordered Offender (MDO) Act. (Pen. Code, § 2962.)

Rebio Townsend appeals a judgment committing him to the State Department of Mental Health for treatment as an MDO following his conviction of possession of destmctive devices, Molotov cocktails. (§ 12303.) We affirm.

FACTS

Townsend filed a petition for a hearing (§ 2966, subd. (b)) following a Board of Parole Hearings determination that he met the MDO criteria. He waived his right to a jury trial.

At trial, psychiatrist David Fennell testified that Townsend met all the criteria for an MDO commitment. He said Townsend has a “schizoaffective disorder,” impaired impulse control, a severe mood disorder, “low frustration tolerance,” and “mental-health symptoms since approximately 1978.” Fennell also opined that Townsend’s disorders are not in remission; he has “auditory hallucinations,” has threatened medical staff, has a “lack of insight into his illness and ... his need for treatment,” has a long history of a “schizoaffective disorder,” and he “distorts reality.”

Townsend’s…

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