P. v. Foster CA4/1
Jeremy John Foster appeals from an order denying his motion to dismiss his civil commitment as a mentally disordered offender (MDO). Foster's commitment began after he completed serving his prison sentence for a felony theft offense. In late 2016 Foster successfully petitioned to have his underlying offense redesignated as a misdemeanor pursuant to The Safe Neighborhoods and Schools Act, Penal Code section 1170.18, which became effective after the voters approved Proposition 47 in 2014. Foster's "motion to dismiss" argued that the redesignation of his original offense as a misdemeanor means that he no longer meets the criteria for a commitment as an MDO, and, therefore, he was entitled to be released.
On appeal, Foster renews his argument. This court recently considered and rejected an identical argument in People v. Goodrich (2017) 7 Cal.App.5th 699 (Goodrich). We see no reason to depart from the reasoning in Goodrich.
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