P.

FACTS AND PROCEDURAL BACKGROUND

In January 2011, appellant pled guilty to the crime of stalking his ex- girlfriend in violation of a restraining order. (§ 646.9, subd. (b).) The trial court placed appellant on probation for a period of three years. Four days later, appellant violated probation by filing a false police report claiming his ex-girlfriend and her boyfriend had kidnapped him and held a gun to his head. Immediately upon his release from jail a few

1 All statutory references are to the Penal Code. months later, he again violated probation by contacting his ex-girlfriend and vandalizing her automobile. The trial court revoked his probation and sentenced him to three years in state prison. On June 7, 2012, the Board of Prison Terms, now known as the Board of Parole Hearings, determined that appellant was an MDO subject to involuntary treatment as a condition of parole. Appellant petitioned for a hearing and waived his right to a jury trial. (§ 2966, subds. (b) & (c).) Dr. Brandi Mathews, a psychologist at Atascadero State Hospital (ASH), testified for the People. Dr. Mathews reviewed appellant's medical records from ASH, including two prior MDO evaluations, a police…