P. v. Hill
Defendant appeals from an order extending for an additional year his commitment as a mentally disordered offender (MDO) pursuant to Penal Code section 2972. Under section 2972 an MDOs involuntary commitment may be extended when the People demonstrate that (1) the patient has a severe mental disorder, (2) the disorder is not in remission or cannot be kept in remission without treatment, and (3) by reason of his or her severe mental disorder, the patient represents a substantial danger of physical harm to others. ( 2972, subd. (e).) Appellant contends that case law, particularly the California Supreme Court case of In re Howard N. (2005) 35 Cal.4th 117 (Howard N.), requires a fourth showing that by reason of the patients severe mental disorder the patient has serious difficulty controlling his or her dangerous behavior. He contends that the court erred in failing to instruct the jury on this fourth requirement. As Court explain, however, even if we assume (without deciding the issue) that the lack of such a control instruction was error, any such error in this case was harmless beyond a reasonable doubt. Court therefore affirm the courts order extending appellants commitment.
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