People v. Rivera CA2/8

INTRODUCTION

Appellant Roman Rivera appeals an order recommitting him to the Department of State Hospitals for continued involuntary treatment as a mentally disordered offender (MDO). (Penal Code1 sections 2962 et seq.) We conclude, among other things, substantial evidence supports the trial court's finding that appellant poses a substantial danger of physical harm to others because of his severe mental disorder. (§ 2972, subd. (c).) We affirm.

FACTS AND PROCEDURAL BACKGROUND

1. Appellant’s Convictions and Civil Commitments In 1998, a jury convicted appellant of one count of committing lewd and lascivious acts on a child under the age of 14 (§ 288, subd. (a)), and one count of indecent exposure (§ 314.1). In 1999, appellant was hospitalized at Patton State Hospital after being found incompetent to stand trial. In 2001, he was admitted to Atascadero State Hospital as an MDO. In 2014, he was transferred to Coalinga State Hospital where he remains in custody for treatment. Appellant’s MDO commitment has been extended each year, and he has remained in custody since 2004.

2. Petition for Commitment as an MDO In July 2021, the People filed a petition to extend…