People v. Mendez CA1/1

I. BACKGROUND3

Over three decades ago, Mendez was found not guilty by reason of insanity (NGI) for charges of intent to commit rape and false imprisonment, and he was committed to the DSH. While committed as an NGI patient to DSH-Napa, Mendez “stabbed a peer three times with a handmade shank,” for which he was convicted of assault with a deadly weapon and committed as an OMHD. He has been committed as an OHMD to DSH-Coalinga since 2013. In July 2024, the Napa County District Attorney petitioned to extend Mendez’s commitment as an OMHD (the petition). Mendez waived a jury trial, and the trial court held a hearing in December 2024. Mendez was then 74 years old. At the hearing, the trial court considered the live testimony of Dr. Elizabeth Gates, a DSH forensic psychologist, as well as a report she prepared in June 2024 “to provide an opinion as to whether Mr. Mendez meets criteria for involuntary treatment pursuant to [section] 2972 for the

3 We limit our exposition of the procedural history to the facts relevant

to the resolution of this appeal. We incorporate by reference the procedural history sections from Mendez’s prior appeals, People v. Mendez (Jan. 31, 2017, A147173)…