P.

FACTS AND PROCEDURAL HISTORY

Appellant was convicted of second degree burglary and was sentenced to four years in state prison. After being paroled on November 29, 2008, appellant committed numerous parole violations and was returned to prison.

1 All further statutory references are to the Penal Code. Prior to appellant's release, the Board of Parole Hearings (BPH) determined that he met the criteria for MDO treatment. Appellant timely filed a petition challenging that determination and waived his right to a jury. Dr. Phylissa Kwartner, a clinical psychologist at Atascadero State Hospital (ASH), testified at the hearing on behalf of the prosecution. Dr. Kwartner interviewed appellant2 and spoke with his treatment team. She also reviewed appellant's medical and legal records and prior MDO evaluations. Based on this information, Dr. Kwartner opined that appellant met the criteria for MDO treatment. Appellant suffers from schizoaffective disorder, which qualifies as a serious mental disorder under the MDO law. He has been in treatment since at least the 1980's and has a family history of mental illness. His symptoms include paranoid delusions, auditory…