California Court of Appeal

In a prosecution of defendant for felony vandalism, trial court's finding that defendant was a mentally disordered offender (MDO) is affirmed as a reasonable trier of fact could find beyond a reasonable doubt that the commitment offense met the section 2962(e)(2)(Q) criterion involving an express or implied threat of the use of force or violence. Further, because it is reasonable to infer that a shard of glass had flown from the shattered window toward the officer's eyes, a reasonable trier of fact could find beyond a reasonable doubt that the commitment offense also met section 2962(e)(2)(P) criterion involving the actual use of force or violence against a human being.

Appellate Information

• Decided 11/18/2010
• Published 11/18/2010

Judges

• YEGAN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gerald L. Miller, Edmund G. Brown Jr