People v. Green

Opinion

COFFEE, J.

Appellant Nicholas Green appeals an order committing him to Atascadero State Hospital (ASH) as a mentally disordered offender (MDO). (Pen. Code, § 2960 et seq.) He contends the trial court erred in ruling that his commitment offense of felony vandalism (§ 594, subd. (a)) involved the use of force or violence, qualifying him for treatment as an MDO. We agree and hold that the statute (§ 2962, subd. (e)(2)(P)) does not apply to the use of force against property. The trial court’s order is reversed.

FACTS

Our facts are taken entirely from expert testimony. Although the experts…