P. v. David
Appellant Master David was convicted by plea of assault with force likely to cause great bodily injury (Pen. Code 245, subd. (a)(1), forcible rape ( 261, subd. (a)(2)) and sentenced to nine years in state prison. After serving his sentence, the Board of Parole Hearings (BPH) determined that appellant met the criteria for treatment as a mentally disordered offender (MDO) under section 2962. The BPH recommended that he be confined to Atascadero State Hospital (ASH) as a condition of parole. Appellant filed a petition requesting that the trial court overturn the determination of the BPH. ( 2966, subd. (a).) Following a jury trial, appellant was found to have met the statutory criteria to be certified as an MDO and the trial court ordered him committed to ASH. Appellant claims the jury instructions permitted the jury to find that he had a severe mental disorder without also finding he had serious difficulty in controlling his behavior. Court conclude that appellant was not entitled to such an instruction, and affirm.
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