People v. FosterAnnotate this Case
The Supreme Court affirmed the decision of the court of appeal affirming the judgment of the trial court denying Defendant's motion to dismiss his recommitment as a mentally disordered offender (MDO) on the basis that the redesignation of his theft offense meant he no longer had a qualifying offense for his MDO recommitment, holding that the applicable statutes did not afford Defendant the relief he sought.
Defendant pleaded guilty to one count of felony grand theft. After Defendant had completed his sentence he was admitted to a state hospital as an MDO as a parole condition. Since his initial commitment, Defendant was recommitted as an MDO annually. In 2016, after voters approved Proposition 47, Defendant successfully petitioned to have his felony conviction redesignated as a misdemeanor. Thereafter, Defendant moved to dismiss his recommitment as an MDO, arguing that the redesignation of his theft offense meant he no longer had a qualifying offense for his MDO recommitment. The trial court denied the motion, and the court of appeal affirmed. The Supreme Court affirmed, holding that the redesignation of Defendant's theft offense as a misdemeanor did not undermine the continued validity of his initial commitment or preclude Defendant's continued recommitment as an MDO.