Fisher

Todd Fisher appeals from a jury verdict declaring him to be a mentally disordered offender (MDO) within the meaning of Penal Code section 2960 et seq. As we shall explain, appellant has made some poor choices. All mental health professionals agree that appellant is an MDO. Appellant himself told the jury that he lives in “la la land” and is “crazy.” He also told the jury: “I have a mental disorder.” These candid admissions, his failure to participate in any treatment at Atascadero State Hospital, his waiver of the right to counsel, his insistence on the right to represent himself, and his sorry performance at trial sealed his fate with the jury.

Appellant contends the trial court erred when it required him to wear leg restraints in the courtroom. He also contends he was denied the right to counsel and “forced” to represent himself at trial because the trial court refused to order his court-appointed attorney to try the matter before a jury. We affirm.

Facts and Proceedings

In January 2002, appellant was convicted of forcible oral copulation in violation of section 288a, subdivision (c)(2) and unlawful sexual intercourse with a minor, in violation of section 261.5,…