Montoya

Defendant appeals the trial court’s finding that he is a mentally disordered offender (MDO).

I

Facts and Procedural History

On January 3, 1992, defendant pled guilty to one count of second degree robbery (Pen. Code, § 211 ), admitted the personal use of a firearm within the meaning of section 12022.5, and was sentenced to an aggregate term of seven years in state prison. On February 26, 1999, the district attorney filed a petition for extended involuntary treatment pursuant to section 2970. The petition alleged (1) that defendant had been committed to the Department of Mental Health as an MDO as a condition of parole, (2) that he was not in remission and could not be kept in remission without continued treatment, and (3) that by reason of his severe mental disorder he represented a substantial danger of physical harm to others. On April 20, 1999, after defense counsel and the court agreed that defendant had waived jury trial; the court found he was not in remission and ordered his commitment at Patton State Hospital until May 27, 2000.

On November 15, 1999, the district attorney filed a second section 2970 petition, this time based on a September 16 recommendation…