In an initial mentally disordered offender proceeding in 1999, the trial court found that a severe mental disorder was not an aggravating factor in the commission of the battery in 1996 for which he was imprisoned, based upon the doctor’s opinion that appellant did not suffer from a severe mental disorder, but instead had an antisocial personality disorder. In a second MDO proceeding, the People were precluded from relitigating the issue of whether a severe mental disorder was an aggravating factor in the commission of the crime, since that was an element which was incapable of change.