Baker
People v. Baker
Opinion
Lead Opinion
McKinster, J.
—Defendant and appellant Lennett Baker appeals a judgment pursuant to Penal Code section 2962, finding that she qualifies as a mentally disordered offender. 1 She contends that there was insufficient evidence to support the trial court’s finding because the prosecution relied on inadmissible hearsay in the guise of expert opinion testimony and that the testimony in some respects exceeded the scope of the expert witness’s expertise.
*1238 Although we agree that some of the expert witness’s testimony was incompetent hearsay and that some of her testimony exceeded the scope of admissible expert opinion testimony, we conclude nevertheless that substantial evidence supported the trial court’s finding that Baker qualifies as a mentally disordered offender. Accordingly, we will affirm the judgment.
PROCEDURAL HISTORY
On February 8, 2005, Baker was convicted in the Superior Court of Kern County on a plea of nolo contendere to one count of arson of an inhabited structure. (§ 451, subd. (b).) She was sentenced to a term of three years in state prison. 2 On June 21, 2010, the Board of Parole Hearings 3 determined that Baker was a mentally disordered offender (MDO) within the…