KORTESMAKI

Danny Kortesmaki appeals the judgment (order of commitment) declaring him a mentally disordered offender (MDO) and committing him for treatment to the California Department of Mental Health as a condition of his probation. He contends his conviction for possessing flammable or combustible materials with intent to set fire to property (Pen. Code, § 453, subd. (a)) did not involve force or violence or an express or implied threat thereof, as contemplated by section 2962, subdivision (e)(2)(F) and (Q). We agree that the crime did not involve the actual use of force or violence. We conclude, however, that it involved an implied threat to use force or violence against another person, and therefore constitutes a qualifying offense under subdivision (e)(2)(Q) of section 2962. Accordingly, we affirm.

FACTS AND PROCEDURAL HISTORY

For approximately 20 years, appellant has suffered from a severe psychotic disorder. He has been hospitalized numerous times as a result of that disorder, and has been arrested over 100 times. On June 1, 2004, appellant was convicted by plea of possessing flammable or combustible material or substance with intent to set fire to property, in violation of…