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Name: People v. Bowers
Case #: F048615
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/14/2006

Relying on In re Howard N. (2005) 35 Cal.4th 117, the court interpreted Penal Code section 1026.5, subdivision (b)(1), which provides for recommitment of a person convicted of a felony and committed to the Department of Mental Health, to require proof that the person under commitment has a mental disease, defect or disorder that causes that person to have serious difficulty controlling dangerous behavior. Here, Ms. Bowers had been found not guilty by reason of insanity of two counts of battery on correctional officers and then was committed to DMH for a maximum period of incarceration of four years, housed at Napa State Hospital. A petition for extended commitment was filed pursuant to section 1026.5 and at the court trial, the court found the allegations true that by reason of mental disease, defect or disorder, Bower represented a substantial danger of physical harm to others and recommitted her for two years. Despite the failure to expressly find that Bowers harbored a mental disorder that made it seriously difficult to control her violent impulses, the evidence in the form of the doctor’s evaluation satisfied the proof requirements beyond a reasonable doubt.