Presley

Defendant Ecclesiastes Presley appeals from an order revoking his outpatient status pursuant to Penal Code section 1608 1 and directing his confinement in a state hospital.

Presley argues the trial court: (1) unlawfully deprived him of his right to have a jury decide his commitment status; (2) violated his due process rights by holding the hearings on revoking his outpatient status in his absence; (3) erred by considering inadmissible testimony from his treating psychologist; and (4) revoking his outpatient status without substantial evidence to support its decision.

Though we agree that Presley was improperly deprived of a jury trial, his absconding from outpatient treatment before the trial court ruled on his commitment status forfeited the claim of error. We find no merit to Presley's remaining arguments and will affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Presley, who has been certified as a mentally disordered offender (MDO), 2 was placed into an outpatient conditional release program (CONREP) by court order in August 2013. He was initially housed at a board and care facility, where he was subject to weekly drug screening, group therapy, and individual counseling. After…