People v. Hernandez CA1/5
Opinion
Opinion
BACKGROUND
In 2005, appellant was convicted of three counts of attempted murder (§§ 187, subd. (a), 664), five counts of assault with a deadly weapon (§ 245, subd. (a)(1)), one count of first degree burglary (§§ 459, 460, subd. (a)), one count of infliction of unjustifiable physical pain or mental suffering on a child
1 All undesignated section references are to the Penal Code.
1 (§ 273a, subd. (a)), and one count of second degree burglary (§§ 459, 460, subd. (b)).2 Appellant was sentenced to 22 years in prison. Appellant was admitted to the Department of State Hospitals in December 2021. In August 2023, the Humboldt County District Attorney filed a petition to extend appellant’s commitment. In December 2023, following a jury trial, appellant was found to be subject to continued commitment as an OMD under section 2972. The trial court denied appellant’s motion for outpatient treatment under the conditional release program (CONREP) and extended his commitment for one year. The present appeal followed.
DISCUSSION
I. Applicable Law
Section 2970 authorizes a petition to extend the commitment of an OMD when the person “has a severe mental disorder, that . . . is not in…