P.

P. v. Kieu CA6

Good Law
Court of Appeal of CaliforniaJuly 22, 2013H037733California6,175 words

Opinion

Opinion

I. STATEMENT OF THE CASE

Defendant Hung Thanh Kieu appeals from an order extending his involuntary commitment as a mentally disordered offender (MDO). (Pen. Code, §§ 2970, 2972.)1 He claims the court erred in failing to advise him of his right to a jury trial and obtain his personal jury waiver, accepting counsel‘s jury waiver, and conducting a bench trial. We affirm the extension order.

II. BACKGROUND AND PROCEDURAL HISTORY

On December 8, 2002, defendant stabbed a 53-year-old woman living at his parents‘ house. He thought she was being disrespectful to his mother and grandmother. At the time, he was delusional and heard voices tell him that if he did not hurt the victim, she would get back at him.

1 All unspecified statutory references are to the Penal Code. In April 2003, defendant was convicted of assault with a deadly weapon (§ 245, subd. (a)(1)) and sent to prison. In 2005, he was certified as an MDO and involuntarily committed to Atascadero State Hospital (ASH) for treatment as a condition of parole. (§ 2962.) Before the parole commitment expired, it was converted to a civil commitment and extended. (§2970, 2972.) In 2009, defendant was transferred to Napa State Hospital…

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