Green
People v. Green
Opinion
Opinion
Coffee, J.
Appellant Nicholas Green appeals an order committing him to Atascadero State Hospital (ASH) as a mentally disordered offender (MDO). (Pen. Code, § 2960 et seq.) He contends the trial court erred in ruling that his commitment offense of felony vandalism (§ 594, subd. (a)) involved the use of force or violence, qualifying him for treatment as an MDO. We agree and hold that the statute (§ 2962, subd. (e)(2)(P)) does not apply to the use of force against property. The trial court’s order is reversed.
FACTS
Our facts are taken entirely from expert testimony. Although the experts relied upon certain psychiatric evaluations at the MDO hearing, their reports were not admitted into evidence.
Prosecution Evidence
A staff psychologist at ASH, Dr. Allan Roske, testified to the circumstances of the commitment offense. Appellant was loitering outside a store and the owner called the police. Appellant was arrested and became combative. He was placed in the patrol car and kicked out a rear window. He also verbally threatened a bystander.
Appellant was charged with making criminal threats (§ 422); vandalism (§ 594, subd. (a)); and the misdemeanor offenses of intentional interference…