People v. Warren

*751Donald Finch Warren appeals the trial court's order declaring him a mentally disordered offender (MDO) and committing him to the Department of Mental Health for treatment. ( Pen. Code, § 2962, et seq. )1 Appellant contends the evidence is insufficient to support the finding that his commitment offense, felony indecent exposure (§ 314), involved an express or implied threat of force or violence likely to produce substantial physical harm, as contemplated in section 2962, subdivision (e)(2)(Q). We agree and reverse.2

FACTS AND PROCEDURAL HISTORY

In 2013, appellant was convicted of possession of…