People v. Itehua

Opinion

GILBERT, P. J.

In People v. Butler (1999) 74 Cal.App.4th 557 [88 Cal.Rptr.2d 210], the defendant was guilty of the crime of stalking because he threatened the victim with violence. (Pen. Code, § 646.9.) We held the defendant’s offense qualified him as a mentally disordered offender (MDO). (Butler, supra, 74 Cal.App.4th 557, 561; § 2962, subd. (e)(2)(Q).)

Here we hold that a defendant whose stalking offense involves implied threats of violence also meets the criteria of an MDO. Elias Itehua appeals a judgment committing him to the State Department of Mental Health (now known as State…