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Name: People v. Labelle
Case #: B223468
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/18/2010
Summary

Felony vandalism can be a qualifying commitment offense for purposes of the Mentally Disordered Offender (MDO) statute. A qualifying offense under the MDO statute (Pen. Code, sec. 2960 et seq.) includes “[a] crime … in which the prisoner used force or violence, or caused serious bodily injury….” Here, appellant was convicted of felony vandalism when he kicked a police car window out and a small shard of glass became embedded in the thumb of an officer standing next to the car. Appellant argued felony vandalism did not qualify as a commitment offense under the MDO statute. The Court of Appeal affirmed, finding substantial evidence the offense qualified under the circumstances surrounding the crime. The court distinguished People v. Green (2006) 142 Cal.App.4th 907, where the defendant also kicked and shattered a police car window. In this case, the officer was standing next to the patrol car at the time of the incident and the shattering window could have cause substantial harm to the officer. A reasonable juror could have concluded appellant’s conduct involved the use of force or violence against another person. The MDO statute does not require proof of an intent to harm for the offense to qualify.