People v. Merfeld

Opinion

ANDERSON, J. *

This case presents an issue of first impression—whether the privilege against self-incrimination bars the prosecution from questioning an alleged mentally disordered offender (MDO) about his mental state at a Penal Code 1 section 2972 hearing. 2 We conclude that it does not.

I. Facts

A. Procedural Background

Bernard Merfeld (appellant) was convicted of felony battery with serious injury (§ 243, subd. (d)). The trial court sentenced him to the time he had already served and granted him probation. He violated his probation eight months later by committing another battery, and…