P.

I. BACKGROUND

Turner threatened two staff members at Napa State Hospital while committed there as an MDO by the Solano Superior Court under Penal Code section 2962.1 The threats occurred during two separate incidents in 2009, one in July and the other in August.

1 All further statutory references are to the Penal Code.

1 The Napa County District Attorney charged Turner with making a criminal threat (§ 422) in two separate cases. The district attorney further alleged Turner had suffered three prior strike convictions (§ 667, subds. (b)-(i)). The cases were resolved in October 2011 when Turner pleaded no contest in both of them to making a criminal threat. He admitted one prior strike. The probation officer’s sentencing report showed that Turner had been held in Solano and Napa county jails while the charges were pending. In a sentencing memorandum, defense counsel pointed out that while Turner was in these facilities he was the subject of two MDO commitment-extension proceedings in Solano County. Copies of Solano County Superior Court orders, attached to the sentencing memorandum, appear to confirm that Turner’s MDO commitment was twice extended. They show that Turner was in the…