People v. Tate

Opinion

YEGAN, J.

Kenny Wayne Tate appeals from a trial court finding that he is a mentally disordered offender (MDO) within the meaning of Penal Code section 2962. Appellant concedes the order is supported by substantial evidence but argues that the trial court should have ordered his discharge pursuant to section 2968 because of an improvement in his mental condition. We affirm and hold that section 2968 may not be raised as an affirmative defense at a section 2966 proceeding.

In 1992 appellant pled guilty to second degree robbery and was sentenced to state prison for two years. His parole…