People v. Pitcock CA2/6

Facts and Procedural History In 2013, appellant pled no contest to obstructing or resisting an executive officer (§ 69) and was sentenced to two years eight months state prison.

All statutory references are to the Penal Code. On December 30, 2015, the Board of Parole Hearings (BPH) determined that appellant met the MDO criteria and required treatment. Appellant filed a petition challenging the BPH determination and purportedly waived jury trial. (§§ 2966, subd. (b); 2972, subd. (a).) Doctor Brandi Mathews, a forensic psychologist affiliated with Atascadero State Hospital, testified that appellant suffered from schizoaffective disorder and mood symptoms, a severe mental disorder manifested by auditory hallucinations, paranoia, ideas of reference, and mania. The doctor opined that appellant met all the MDO criteria, and over defense objection, opined that the commitment offense involved the use of force or violence. Discussion To commit a prisoner under the MDO law, the prosecution must prove, among other things, that the prisoner was convicted of a qualifying offense listed in section 2962, subdivision (e)(2)(A) through (O), or that the commitment offense comes within…