P. v. Marshall
Defendant and appellant Melinda Marshall filed a petition under Penal Code section 2966, subdivision (b),[1] challenging the Board of Prison Terms’ certification that she met all six criteria for commitment for treatment as a condition of parole under the Mentally Disordered Offender Act (MDO Act, § 2960 et seq.).[2] The trial court confirmed that the MDO criteria had been met. On appeal, defendant contends that there was insufficient evidence to sustain the MDO commitment, since her underlying conviction was for attempted kidnapping (§§ 664/207), which is not an enumerated, qualifying offense under section 2962. We affirm.
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