People v. Clark

Defendant, adjudged a mentally disordered offender (an MDO) required to undergo mental health treatment as a condition of parole, contends that (1) she should not have been forced to testify about her mental state and behavior when committing the underlying offense on which her parole was based, and (2) the evidence was insufficient to support findings that (a) she used force or violence in the underlying offense, and (b) her severe mental condition was a cause of or an aggravating factor in that offense.

Facts and Procedural History

The People charged defendant with grand theft from the person and alleged a prior conviction for robbery pursuant to the three strikes law. Defendant pled guilty and admitted the prior conviction, and received a sentence of 32 months in a plea bargain. Asked when changing her plea if she was under the influence of anything which might affect her judgment, she stated that she was taking lithium.

At the time defendant was paroled, the Board of Prison Terms determined that she was an MDO pursuant to Penal Code section 2962, 2 and she was detained for treatment at Patton State Hospital. Defendant filed a petition for a hearing under section…