White
People v. White
Opinion
Opinion
Gilbert, J.
William Thomas White appeals from the judgment (order committing him to the Department of Mental Health) entered following a jury trial at which it was found that he was a mentally disordered offender (MDO) (Pen. Code, § 2962). One of his contentions is that no evidence was presented that the person in charge of treatment evaluated appellant. [[/]] We reject his contentions and affirm.
The record reflects that, in 1990, White was sentenced to six years in prison after he was convicted of assault with a deadly weapon in which he inflicted great bodily injury. The assault occurred while he was in a clinic for a psychological evaluation and attacked a doctor. On June 6, 1993, the Board of Prison Terms (BPT) determined that White was an MDO and he was committed to Atascadero State Hospital for treatment as a condition of his parole.
White petitioned for a hearing, pursuant to Penal Code section 2966, to determine whether he came within the MDO criteria at the time of the BPT hearing. At the section 2966 hearing Doctor Fred Cutter, a psychologist, and Doctor Philip Kelly, a psychiatrist, testified that they were of the opinion that White met the MDO criteria. Doctor Cutter…