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Name: People v. Green
Case #: B186639
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/05/2006

Appellant was committed to Atascadero State Hospital as a mentally disordered offender (MDO) pursuant to Penal Code section 2960 et seq. On appeal, he contended that the trial court erred in ruling that his commitment offense of felony vandalism (kicking out the window of a police vehicle) qualified him for treatment as an MDO, because it did not involve the use of force or violence. The appellate court agreed and reversed the order of commitment. Under section 2962, an offense may be a qualifying offense if it is not enumerated in the statute but the prisoner used force of violence or caused serious bodily injury. Appellant was convicted of vandalism against property. Based on consideration of the legislative intent and its interpretation of the terms “force or violence,” the court held that force against an inanimate object does not fall within the section.