People v. Pipkin

In 2011, Pipkin was sentenced to state prison for two years after his probation was revoked with respect to a 2009 felony grand theft conviction. As a condition of parole with respect to this qualifying offense, Pipkin was committed to Atascadero State Hospital in October 2011, for treatment as a mentally disordered offender (MDO), Penal Code section 2962. Before Pipkin’s release from parole, the District Attorney filed a successful section 2970 petition seeking Pipkin’s continued commitment as an MDO for an additional year. In May 2015, the District Attorney filed a recommitment petition for the one-year period beginning October 13, 2015. However, in August 2015, Pipkin’s qualifying conviction for grand theft was reduced to a misdemeanor under Proposition 47, so Pipkin moved to dismiss the pending recommitment petition, arguing that further commitment as an MDO was not authorized because his qualifying conviction must now be treated as a misdemeanor “for all purposes.” (Penal Code 1170.18(k)). The trial court, in March 2016, denied Pipkin’s motion and granted the recommitment petition. After Pipkin’s MDO commitment expired in October 2016, no further petition for recommitment was filed. The court of appeal dismissed his appeal because Pipkin is no longer subject to civil commitment. View "People v. Pipkin" on Justia Law