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PEOPLE v. DYER

No. B147909.

115 Cal.Rptr.2d 527 (2002)

95 Cal.App.4th 448

The PEOPLE, Plaintiff and Respondent, v. David DYER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

Review Denied April 17, 2002.

Attorney(s) appearing for the Case

Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin, Acting Senior Assistant Attorney General, Kenneth C. Byrne, Steven D. Matthews, Supervising Deputy Attorneys General, Xiomara Costello, Deputy Attorney General, for Plaintiff and Respondent.

COFFEE, J.

David Dyer appeals from the judgment (order of commitment) entered following a court trial at which he was determined to be a mentally disordered offender (MDO). (Pen.Code, §§ 2962 et seq.)1 He contends the trial court erred in concluding that his underlying crime of cruelty to an animal involved the use of force or violence as required by section 2962, subdivision (e)(2)(P). We affirm.

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