Woods

People v. Woods

Good Law
2016 Cal. App. LEXIS 777·207 Cal. Rptr. 3d 622·3 Cal. App. 5th 457
Court of Appeal of CaliforniaSeptember 19, 20162d Crim. B269253California1,532 words

Opinion

Opinion

Perren, J.

*458 A prisoner may be committed for treatment under the Mentally Disordered Offender (MDO) Act if, among other things, he or she was sentenced to prison for an enumerated crime of violence or an unenumerated crime involving the use of force or violence or a threat to use force or *459 violence likely to produce substantial physical harm. In People v. Stevens (2015) 62 Cal.4th 325 , 195 Cal.Rptr.3d 762 , 362 P.3d 408 ( Stevens ), our Supreme Court held that "in a commitment hearing under the MDO Act, the People may not prove the facts underlying the commitment offense (that are necessary to establish the qualifying offense) through a mental health expert's testimony." ( Id. at p. 339, 195 Cal.Rptr.3d 762 , 362 P.3d 408 .)

Appellant Dillan Michael Woods was declared an MDO based on his conviction of resisting an executive officer (§ 69), an offense not specifically enumerated in the MDO Act. The qualifying nature of the crime, however, was established by evidence he pled guilty to a complaint expressly alleging that he used force and violence in committing the offense. We reject appellant's claim that Stevens renders this evidence insufficient to support his MDO commitment. We…

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