P.

Filed 4/18/13 P. v. Delacruz CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B244124 (Super. Ct. No. F475517) Plaintiff and Respondent, (San Luis Obispo County) v.

FRANCES DELACRUZ,

Defendant and Appellant.

Frances Delacruz appeals from an order committing him to the California Department of State Hospitals (formerly Department of Mental Health) after the trial court determined that he was a mentally disordered offender (MDO). (Pen. Code, § 2960 et seq.)1 Appellant contends that the evidence does not support the finding that his commitment offense was a crime of force or violence or that he received 90 days of treatment within a year prior to his parole…