Martin
People v. Martin
Opinion
lead Opinion
Coffee, J.
Michael Anthony Martin appeals from an order of the superior court committing him to the State Department of Mental Health (DMH) for treatment as a mentally disordered offender (MDO). (Pen. Code, §§ 2962, 2966.) 1 He argues that he did not qualify as an MDO because he did not *973 receive at least 90 days of mental health treatment during the year preceding his parole release date and that his underlying offense was not a crime of force or violence. We affirm.
FACTS
Appellant has a long history of mental illness, which includes auditory hallucinations and delusions among its symptoms. He has received Social Security disability benefits for his condition, has undergone inpatient mental health treatment and has been prescribed a number of medications which target perceptual disturbances, mood instability and anxiety.
On November 3, 2003, appellant was sentenced to 16 months in prison after he pled guilty to a charge of recklessly evading a peace officer under Vehicle Code section 2800.2. Upon his arrival at the North Kem State Prison Reception Center on December 12, 2003, he was almost immediately placed in the infirmary due to his mental status. Appellant was…