Itehua

In People v. Butler (1999) 74 Cal.App.4th 557 [ 88 Cal.Rptr.2d 210 ], the defendant was guilty of the crime of stalking because he threatened the victim with violence. (Pen. Code, § 646.9.) We held the defendant’s offense qualified him as a mentally disordered offender (MDO). ( Butler, supra, 74 Cal.App.4th 557, 561 ; § 2962, subd. (e)(2)(Q).)

Here we hold that a defendant whose stalking offense involves implied threats of violence also meets the criteria of an MDO. Elias Itehua appeals a judgment committing him to the State Department of Mental Health (now known as State Department of State Hospitals) for treatment as an MDO, following his conviction of stalking. (§ 646.9.) His stalking offense involves a pattern of conduct that “impliedly threatened another with the use of force or violence” within the meaning of section 2962, subdivision (e)(2)(Q). We affirm.

PROCEDURAL FACTS

On July 30, 2013, the Board of Parole Hearings determined that Itehua met the criteria of section 2962 to be committed as an MDO. Itehua filed a petition for appointment of counsel and hearing to contest the determination. (§ 2966, subd. (b).)

Psychologist Phylissa Kwartner testified that…