The People v. Avery CA1/2

Filed 8/27/13 P. v. Avery CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A134992

v. ROBERT DERWIN AVERY, (Lake County Super. Ct. No. CR03320) Defendant and Appellant.

Defendant Robert Derwin Avery was committed to the state mental hospital after being found not guilty of a felony battery charge by reason of insanity. Penal Code section 1026.5 allows for such a commitment to be extended for two years when, in the language of subdivision (b)(1), a trier of fact determines that “the person . . . by reason of a mental disease, defect, or disorder represents a substantial danger of physical harm to others.” A jury made that determination. Defendant seeks reversal of the order extending his commitment on the…