People v. Francis

Opinion

COFFEE, J.

Appellant Christopher Francis appeals from the order of the trial court committing him to Atascadero State Hospital (ASH) as a mentally disordered offender (MDO). (Pen. Code, §§ 2962, 2966.) He claims that double jeopardy and res judicata bar the relitigation of his mental state, which was the subject of a prior MDO proceeding. We reverse.

Facts

Appellant was serving a prison term for burglary. While receiving psychiatric care, a team of correctional officers ordered him to leave his cell. He refused, and the officers entered and attempted to put him in restraints. Appellant…