People v. McCaleb CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In 1977, McCaleb was found not guilty by reason of insanity of one count of robbery (Pen. Code, § 211) and two counts of assault with a deadly

1 In light of this conclusion, we need not address McCaleb’s alternative

claim that he was incorrectly advised about his right to a jury trial. weapon (id., § 245, subd. (a)), and committed to DSH.2 McCaleb, who has schizophrenia, was briefly released into the Conditional Release Program (CONREP) on several occasions in the early 1990’s. The conditional releases were unsuccessful, however, and his commitment to DSH has been extended numerous times in the ensuing decades. In June 2024, six months before McCaleb’s commitment was set to expire, the People filed a petition under section 1026.5 to extend his commitment for another two years. That September, the trial court accepted McCaleb’s waiver of his right to a jury trial on the recommitment. After a bench trial the following month, the court found beyond a reasonable doubt that McCaleb posed a substantial danger of physical harm to others as a result of a mental disorder. It thus granted the People’s petition and extended McCaleb’s commitment for…