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PEOPLE v. GREEN

No. B186639.

48 Cal.Rptr.3d 464 (2006)

142 Cal.App.4th 907

The PEOPLE, Plaintiff and Respondent, v. Nicholas GREEN, Defendant and Appellant.

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

September 5, 2006.

Attorney(s) appearing for the Case

Gerald J. Miller, 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, Stephanie C. Brenan, Russell A. Lehman, Deputy Attorneys General, for Plaintiff and Respondent.

COFFEE, J.

Appellant Nicholas Green appeals an order committing him to Atascadero State Hospital (ASH) as a mentally disordered offender (MDO). (Pen.Code, § 2960 et seq.)1 He contends the trial court erred in ruling that his commitment offense of felony vandalism (§ 594, subd. (a)) involved the use of force or violence, qualifying him for treatment as an MDO. We agree and hold that the statute (§ 2962, subd. (e)(2)(P)) does...

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