Cosgrove

Defendant and appellant Mark Cosgrove appeals a trial court’s judgment finding him to be a mentally disordered offender (MDO) under Penal Code section 2962 et seq. 1 We hold that the trial court erred in granting the People’s motion for a directed verdict; the error, however, was harmless. Therefore, we affirm the judgment.

Factual and Procedural History

Defendant was originally convicted of making terrorist threats. While in a delusional state and armed with a knife, defendant threatened his mother and sister because he believed them to be “aliens,” who were conspiring against him.

During incarceration with the Department of Corrections, defendant engaged in delusional and violent behavior. Thus, he was transferred to a prison psychiatric hospital. At the hospital, it was determined that defendant met the MDO criteria. Therefore, he was placed under the jurisdiction of the State Department of Mental Health, and defendant was eventually transferred to Patton State Hospital.

During defendant’s second annual MDO evaluation, the Board of Prison Terms (BPT) concluded that he met the criteria for continued treatment. Defendant requested a jury trial on that finding under…