People v. Warren
Annotate this CaseThe Court of Appeal reversed the trial court's order declaring defendant a mentally disordered offender (MDO) and committing him to the Department of Mental Health for treatment. The court held that the evidence was insufficient to support the finding that his commitment offense, felony indecent exposure, involved an express or implied threat of force or violence likely to produce substantial physical harm, as contemplated in Penal Code section 2962, subdivision (e)(2)(Q). In this case, defendant walked out of his cell naked and masturbated while looking at a female correctional officer who stood a substantial distance away from him in a secure location. He was also twice seen briefly staring at the same officer. The court concluded that there was no evidence defendant ever attempted to make physical contact with the officer or that he exhibited, aggressive, forceful, or violent behavior toward her or anyone.
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