Pretzer

Defendant David Pretzer appeals an order certifying him as a mentally disordered offender pursuant to Penal Code section 2962 and continuing his involuntary confinement and treatment at a state mental hospital. We affirm but hold Pretzer has a constitutional right not to be called as a witness to testify concerning “force or violence” used by him in committing his offense. (§ 2962, subd. (e).)

Facts

On July 13, 1989, petitioner David Pretzer pleaded guilty to two counts of false imprisonment. (§ 236.) The offenses arose from Pretzer’s odd behavior at a Fresno cat hospital where Pretzer, pretending to be armed, forced the hospital employees to provide him with lethal drugs so that he might kill himself. The Fresno Superior Court sentenced him to three years imprisonment, including one year for a prior prison term served. (§ 667.5, subd. (b).) Pursuant to section 2684, Pretzer served his sentence at a state mental hospital.

Prior to Pretzer’s November 17, 1990, parole release, prison officials certified him as a mentally disordered offender (MDO) pursuant to section 2962. This certification continued his involuntary confinement and treatment at Atascadero State Hospital.…