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Name: People v. Sundberg
Case #: D080500
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/17/2023

Anders/Wende review was not required in an appeal from an order denying NGI’s petition to be released from the state hospital and placed in CONREP as part of the process for restoration of his sanity. In 2021, Sundberg, an NGI, petitioned the court to be released from the state hospital and placed under community supervision on an outpatient basis in a conditional release program (CONREP) as part of the process for restoration of his sanity pursuant to Penal Code section 1026.2. After conducting an evidentiary hearing, the trial court denied the petition. Sundberg appealed. Appointed counsel on appeal raised no…

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Name: People v. Endsley
Case #: E068576
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/10/2018

Denial of NGI defendant's petition for conditional release reversed where trial court improperly denied his request to testify by telephone. In 1997, Endsley was committed to a state hospital after being found not guilty of the murder of his father by reason of insanity (NGI). He petitioned for release (Pen. Code, § 1026.2), and requested to testify remotely via telephone so he would not be confined in jail and appointment of an independent expert. The trial court denied his requests and the petition. He appealed. Held: Reversed. There are two ways an NGI may be released from commitment: (1) upon…

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Name: In re Taitano
Case #: A147412
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 07/05/2017

A trial court may not conduct a competency hearing after a defendant is adjudicated mentally incompetent to stand trial, found unlikely to regain competence, and has served the maximum commitment term. In 2011, Taitano was found incompetent to stand trial for murder and other offenses and was committed to the state hospital for treatment. In 2013, the state hospital reported that Taitano was still incompetent and was unlikely to regain competency in the foreseeable future. When he was returned to court for further proceedings, the court referred him to the public guardian to investigate a conservatorship. Ultimately, no conservatorship was…

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Name: People v. Parker
Case #: E057890
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/02/2014

The trial court did not err when it revoked defendant's outpatient status before she was placed in an outpatient program. In 2000, Parker was found not guilty by reason of insanity of several offenses arising out of an assault on a doctor she believed had intentionally disfigured her during a surgery. She was committed to Patton State Hospital. In 2011, she was granted outpatient status, but numerous outpatient programs refused to accept her. As a result, she remained hospitalized at Patton in the inpatient program. In 2012, the trial court revoked the order granting her outpatient status. On appeal, Parker…

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Name: People v. McDonough
Case #: G042711
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/07/2011

Court erred in denying outpatient status because it found details of program lacking, but did not determine appellant was currently insane. Appellant was committed to a state hospital in 2000 after having been found not guilty by reason of insanity of attacks on her parents. Although the experts concluded appellant was no longer a danger and would benefit from outpatient treatment, the trial court denied release. The trial court found the defense had not adequately identified a program of supervision and treatment. This was an abuse of discretion; a patient has a right to outpatient treatment once she has met…

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Name: People v. Bartsch
Case #: A120182
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 10/21/2008

A person who has been found not guilty by reason of insanity who subsequently applies for release from state hospital commitment bears the burden of proving, by a preponderance of the evidence, that he is no longer a danger to others because of mental defect, disease, or disorder. In 1995, while under the influence of methamphetamine, appellant stabbed his grandmother to death. He was found not guilty by reason of insanity and committed to the Department of Mental Health, and hospitalized at Napa State Hospital, with a primary diagnosis of amphetamine-induced psychotic disorder. In 2005, appellant petitioned for…

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Name: People v. Dobson
Case #: F053531
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/16/2008

The appellate court is not required to independently review the record pursuant to Anders/Wende procedures where the appeal is from the denial of outpatient status pursuant to a petition for restoration of competency under Penal Code section 1026.2. Dobson was committed to a state hospital in 1998 following a finding of not guilty by reason of insanity. In 2007 he filed a petition for release based on a restoration of sanity. The petition was denied, and appellant filed a notice of appeal. When his appellate attorney filed a Wende brief, the appellate court…

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Name: People v. Cross
Case #: B172508
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 02/24/2005
Subsequent History: Revw. den. 6/8/05

The trial court abused its discretion in declining to place the defendant in a secured nursing facility under outpatient status. The defendant pled guilty to second degree murder in 1991, and the trial court found that he had not been sane at the time of the killing and ordered that he be committed to Patton State Hospital until the restoration of his sanity. In 2003, various experts unanimously recommended that he be granted outpatient status and placed in a secure nursing facility because he was no longer a danger to the community. Nonetheless, the court below denied…

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