M.H.

I.

INTRODUCTION

After defendant and appellant M.H. was convicted of a criminal offense, she was

committed to the Department of State Hospitals at Patton as a Mentally Disordered 1 Offender (MDO) under Penal Code section 2962. While committed at Patton, M.H.

filed a petition under section 2966, subdivision (c) challenging her commitment and

requesting appointment of counsel and a hearing. The trial court appointed counsel for

defendant, and defendant requested a bench trial.

Toward the beginning of the bench trial, the trial court advised defendant of her

right to a jury trial under section 2966, subdivision (b), but did not advise her of her right

to call, confront, or subpoena witnesses. Defendant did not object, waived her right to a

jury trial, and stipulated to the trial court’s ruling on her petition based on the parties’

papers. The trial court found beyond a reasonable doubt that defendant qualified as a

MDO and denied her petition. Defendant timely appealed.

Defendant contends section 2966, subdivision (b) required the trial court to advise

her of her right to call and confront witnesses and subpoena them if necessary, that the

trial court erred in failing…