People v. K.H. CA4/2

BACKGROUND

K.H. suffers from a bipolar type of schizoaffective disorder, which is complicated

by use of alcohol, marijuana, and stimulants. In December 2020, she was convicted of

assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)) and

sentenced to a two-year term. In July 2022, the Board of Prison Terms determined K.H.

met the criteria of a mentally disordered offender coming within section 2962 and, upon

her release on parole a month later, she was required to accept treatment through the State

Department of State Hospitals as a condition of her parole.

In August 2023, the Board of Parole Hearings found defendant continued to meet

the criteria of a section 2962 mentally disordered offender. Defendant then filed a

section 2966, subdivision (c) petition for release in which she challenged the Board’s

findings. At the conclusion of a bench trial, the court denied the petition and defendant

timely filed notice of this appeal. We appointed counsel to represent her.

DISCUSSION

On appeal, defendant’s appointed appellate counsel filed an opening brief that sets

forth statements of the case and facts but does not present any issues for…