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Name: People v. McCray (2023) 98 Cal.App.5th 260
Case #: A166084
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 12/22/2023

Record failed to show that OMHD defendant validly waived his right to a jury where the trial court did not take any steps to determine if defendant understood his jury right and instead relied on counsel’s perfunctory questioning. Following a bench trial, McCray was recommitted as a violent offender with a mental health disorder (OMHD). On appeal, McCray raised a number of issues, including that the trial court failed to obtain from him a knowing and intelligent waiver of his right to a jury. While the appeal was pending, the recommitment at issue expired and McCray was recommitted based on…

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Name: People v. Jenkins (2023) 95 Cal.App.5th 142
Case #: D081246
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/01/2023

Trial court's order recommitting Mentally Disordered Offender (MDO) reversed because there was insufficient evidence the offender currently represents a substantial danger of physical harm to others. In 1999, in response to paranoid ideation, Jenkins attacked her 82-year-old landlord with a hammer. She was convicted of attempted murder, as well as other charges. In 2014, Jenkins was transferred from prison to a state psychiatric hospital for treatment as an MDO. In 2022, she was recommitted after a bench trial. Jenkins appealed, contending substantial evidence did not support the trial court’s finding that she represented a substantial danger of physical harm to…

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Name: People v. Foster
Case #: S248046
Court: CA Supreme Court
District CalSup
Opinion Date: 08/22/2019

Opinion by Justice Liu (unanimous)
Redesignation of MDO's felony conviction to a misdemeanor under Proposition 47 does not undermine the validity of his initial commitment in 2010 and does not alter the criteria governing his eligibility for recommitment as an MDO. Foster pleaded guilty to felony grand theft. In 2010, he was admitted to a state hospital as an MDO as a parole condition. His commitment was extended several times. In 2016, he successfully petitioned to have his conviction redesignated as a misdemeanor under Proposition 47. The trial court denied Foster's motion to dismiss his recommitment as…

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Name: People v. Warren
Case #: B289648
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/28/2019

Trial court erred in finding defendant to be a mentally disordered offender (MDO) where his commitment offense, indecent exposure, did not involve an express or implied threat of the use of force or violence. In 2013, Warren was convicted of a drug offense and sentenced to prison. While serving his sentence he was convicted of felony indecent exposure. Based on that conviction, the Board of Prison Terms found Warren met the MDO criteria and required treatment as a condition of his parole. He challenged this requirement by petitioning for a hearing (Pen. Code, § 2966, subd. (b)). At his trial,…

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Name: People v. Bendovid
Case #: B288633
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/20/2018

MDO commitment order reversed where evidence was insufficient to prove that appellant received 90 days of treatment specific to the diagnosed severe mental disorder. In 2015, Bendovid was convicted of assault with force likely to produce great bodily injury and sentenced to two years state prison. In August 2017, the Board of Parole Hearings classified Bendovid as a mentally disordered offender (MDO), which Bendovid challenged. At the court trial, medical records showed that, after his conviction, Bendovid was treated at the county jail for mood and personality disorders. Bendovid was subsequently diagnosed and treated for a delusional disorder at the…

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Name: People v. Pipkin
Case #: A148228
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/02/2018

Appeal dismissed as moot where appellant's mentally disordered offender (MDO) commitment expired (and was not renewed) before the appellate court determined the impact of Proposition 47's reduction of his felony to a misdemeanor. Appellant was committed as a mentally disordered offender in 2011 following his felony conviction for grand theft (Pen. Code, § 487) in 2009. During recommitment proceedings in 2015, appellant's grand theft conviction was reduced to a misdemeanor pursuant to Proposition 47. Appellant moved to dismiss the pending recommitment petition, arguing that further commitment was unauthorized given that his qualifying conviction must be treated as…

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Name: California Dept. of State Hospitals v. A.H.
Case #: B286187
District 2 DCA
Division: 6
Opinion Date: 09/21/2018

Qawi order authorizing state hospital to involuntarily administer antipsychotic medication to treat MDO's severe mental disorder was supported by substantial evidence and did not violate his constitutional right to free exercise of religion. Appellant, an MDO, engaged in significant violent and threatening misconduct at Atascadero State Hospital. A trial court found that appellant lacked capacity to refuse medical treatment and issued a Qawi order authorizing the hospital to involuntarily administer antipsychotic medication. (In re Qawi (2004) 32 Cal.4th 1.) He appealed and argued that the evidence did not support the finding that he was incompetent to refuse treatment and…

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Name: People v. Mendez
Case #: A149910
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/21/2018

In proceedings to extend mentally disordered offender's (MDO) commitment, trial court erred by instructing the jury to consider whether MDO represented a substantial danger if released into the community unsupervised. A jury found a petition to extend Mendez's commitment as an MDO true and his commitment was extended. During the proceedings, the court instructed the jury with a modified version of CALCRIM No. 3457, which required the prosecution to prove in part that, because of his severe mental disorder, Mendez "presently represents a substantial danger of physical harm to others if released into the community unsupervised." The court added…

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Name: People v. Bona
Case #: B277751
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/20/2017

Dismissal is not required where the trial court continued mentally disordered offender's (MDO) commitment hearing beyond the 60-day period required by Penal Code section 2966, subdivision (b). As a condition of his parole, Bona was committed to the State Department of Hospitals as an MDO (Pen. Code, § 2962). The trial court denied Bona's petition challenging the Board of Parole Hearings' determination that he was an MDO and required treatment. On appeal, Bona challenged the trial court's granting, over objection, of several continuances (a total of 6 days) beyond the 60-day period in which the trial court is required to…

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Name: People v. Goodrich
Case #: D069515
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/17/2017

Mentally disordered offender (MDO) who had his commitment offense reduced from a felony to a misdemeanor pursuant to Proposition 47 before recommitment is not entitled to dismissal of the recommitment petition. Before Goodrich's MDO recommitment hearing, he had his commitment offense, grand theft person, reduced to a misdemeanor pursuant to Proposition 47. He moved to dismiss the recommitment petition on the basis that his commitment offense was no longer a felony. The trial court denied the motion and he was recommitted. He appealed. Held: Affirmed. To be committed as an MDO under Penal Code section 2962, there are six requirements,…

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